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58th Congress, [ SENATE. J Document 

'2d Session. \ 1 No. 58. 



MEMORIAL OF THE DELAWARE INDIANS. 



Mr. Quay presented the following- 

MEMORIAL OF THE DELAWARE INDIANS RESIDING IN THE 
CHEROKEE NATION, PRAYING RELIEF RELATIVE TO THEIR 
RIGHTS IN AND OWNERSHIP OF CERTAIN LANDS WITHIN THE 
BOUNDARIES OF SAID NATION. 



January 4, 1904. — Referred to the Committee on Indian Affairs and ordered to be 

printed. 



MEMORIAL. 

Your memorialists represent: 

1. That in Senate Document No. 16. Fifty-eighth Cong-ress, tirst ses- 
,sion, there was given a historv of their grievances, extending from the 
time of the Delaware-Cherokee agreement of April 8, 1867, down to 
about the 11th of November, 1903. 

2. That on Novembor 16, 1903, Hon. Tams Bixbv, chairman of the 
Dawes (\)mmission, in reply to a letter dated November 14, 1903, inquir- 
ing as to whether or not the applications tiled by Cherokee citizens on 
lands included in the Delaware segregation would give them any pre- 
ferred rights over the Delaware occupants, in case the suit now pend- 
ing should be decided against the Delawares, wrote a letter saying that 
the Commission declined to express in advance an opinion on any ques- 
tion, but called attention to a case decided in the Creek Nation, which 
might appl}". (Copy of this letter of Hon. Tams Bixby is attached 
hereto and marked "Exhibit 1.") 

3. During November 18, 1903, a number of Delaware Indians 
received notices from the Daw es Commission in regard to their enroll- 
ment as Delaware citizens of the Cherokee Nation. One such letter 
was sent to Stephen A. Miller on November 18, 1903, a copy of which 
is hereto attached and marked "Exhil>it 2." 

1. That on November 21, 1903, a letter was written acknowleding 
receipt of the Commissions' communication of November 16, 1903. 
(Copy of said letter is attached hereto and marked '" Exhibit 3.'') 

5. That on jNovember 21, 1903, a letter was addressed to the Com- 
mission to the Five Civilized Tribes by the attorney in fact of the 
Delawai'e Indians, copy of which is attached hereto and marked 
'• Exhibit 1." 

6. On November 21, 1903, Hon. Tams Bixbv addressed a letter to 
the attorney in fact for the DelaAvares, in relation to a copj" of the 
Delaware register. (Copy of this letter is hereto attached and marked 
"'Exhibit 5.") 

7. On Noveaiber 25, 1903, Hon. F. L. Campbell, Assistant Attor- 
ney-General, addressed a letter to the Secretary of the Interior, giving 
an opinion as to the segregation of the Delaware lands. (Copy of 
said letter is hereto attached and marked " Exhibit 6.'') 



2 MEMORIAL OV THE DELAWARE INDIANS. T)-2.'D 2L I 

8. On Xovciiiber 27, 1903, Hon. Tarns Bixbv addressed a telegram 
and letter to the said attorney in fact, notifyino- him that on Decem- 
ber 1(», lt»o;>, at t> a. m., the Dawes Commission would consider mat- 
ters pertaining to the Delaware segreoation. (Copy of letter is 
hereto attached and marked ''Exhibit 7.") 

9. On the same day Hon. C. il. lireckinridge, commissioner in 
charge of the Cherokee land ottice. wrote to said attorney in fact, rel- 
ative to ]Mrs. Bartles and other Delawares. (Copy of said letter is 
hereto attached and marked ''P^xhibit 8/') 

10. On November 2S, 1903, the Secretary of tlie Intei'ior addressed 
a letter to the Conmiission to the Five Civilized Tril)es. transmitting 
the Assistant Attorney-CTcnerars opinion of November -2o. 1903, and 
also instructing the Commission further in regard to the Delaware 
segregation. (Cop}' of said letter is hereto attached and marked 
'•Exhibit 9.'') 

11. On December 1 and 2, 1903. the suit of the Delawares against 
the Cherokees w^as argued in the Sui)reme Court of the United States. 

12. On December 1, 1903. Hon. C. R. Breckinridge, commissioner 
in charge Cherokee land ollict, addressed a letter to the attorney in 
fact for the Delaware Indians, transmitting instructions issued to his 
division, directing certain prelimiuEiry work looking to the Delaware 
segregation to be done. (Copy of said instructions and letter are 
hereto attached and marked '' Exhibit 10.'') 

13. On December 2, 1903, Hon. Tarns Bixl)y addressed a letter to 
the attorney in fact for the Delaware Indians relating to the Delaware 
register. (Said letter is hereto attached and marked "Exhibit 11.") 

U. On Dec(nuber 3, liH>3, Mv. Walter S. Logan addressed a letter 
to Hon. Tams Bixby relative to the Delaware si^gregation. (Copy of 
this letter is attached hereto and marked "Exhibit 12."') 

15. On Deceud)er 7. 19* »3, said attorney in fact addressed a letter to 
the Hon. C. R. Breckinridge, transmitting a list of improvements 
purchased b}" him as representative of the Delaware Indians. (Copy 
of this letter is hereto attached and marked "Exhibit 13.") 

1(3. On December 8, 1903. Hon. Tams Bixby addressed a letter to 
said attorney in fact, transmitting a list of certain affidavits. (Copy of 
this letter and said affidavits is hereto attached and marked '" Exhibit 
14.'') 

17. On December 12, 1903, the Dawes Commission transmitted to 
the attorne}- in fact of the Delaware Indians certain resolutions relat- 
ing to the segregation of the Delaware lands. Said resolutions are as 
follows: 

IMfscooKE, Ixi). T., December 10, 1903. 

/'esolrcd, Tluit the Delaware segregation sliall consist: 

First. ( )f lands shown l)y the records of the Connnission to be selected and occn])ie(l 
by hving rejiistered Delawares, in accordance with the treaty of Ai)ril 8, 1867, to the 
extent of IfiO acres ])er capita of said livinsi reijjistered Delawares, said 160 acres to 
contain, as far as may he, the princjiial improvements of said living registered Delawares; 

Second. Of lands shown to have been selected by a deceased registered Delaware 
under said treaty of April 8, 1867, to the extent of 160 acres [)er capita of land so 
selected and occupied, and which is found now to be in the possession of a descend- 
ant of such decreased registered Delaware, said land to contain, as far as may be, the 
jH-incipal improvements of said deceased registered Delaware; 

Third. Of ])nblic land, in addition to the foregoing, sufficient to make up a total of 
157,600 acres for this segregation. 

The commissioner in charge of the ('herokee land otiice is directed to prepare a 
list of the foregoing lands as soon as possible, and to rei)ort to the Commission. 



MEMORIAL OF THE DELAWARE INDIANS. 6 

(Copy of letter transmitting above resolution is hereto attached and 
marked '^ Exhibit 15.") 

18. On December 15, 1903, Hon. C. R. Breckinridge addressed a 
letter to Richard C. Adams, asking- that he select a tract of land to the 
extent of 160 acres. (Copy of this letter is hereto attached and marked 
"Exhibit 16.") 

19. On December 18, 1903, Walter S. Logan addressed a letter to 
Hon. C. R. Breckinridge in regard to the resolutions of December 10, 
1903. (Copy of this letter is hereto attached and marked ' ' Exhibit 17. "") 

20. Letters similar to the one addressed to Richard C. Adams by 
C. R. Breckinridge on December 15, 1903, were sent to numerous 
Delawares, a number of which were forwarded by said Delawares to 
their attorney in fact at Washington, D. C. 

21. On December 19, 19»)3, the attorne}' in fact of the Delaware 
Indians, in company with Hon. James K. Jones, went to the Indian 
Territory, and on December 21 met Hon. C. R. Breckinridge at Tahle- 
quah, Ind. T., and inquired into the purpose of the Commission in 
following the rules prescribed in the resolutions of December 10, 1903, 
for segregating the lands of the Delaware Indians. 

22. On December 22, 1903, a hearing was had at Muscogee, Ind. T., 
before the Commission, there being present Hon. Tams Bixby, chair- 
man, and Messrs. T. B. Needles and C. R. Breckinridge, commision- 
ers. The argument at this hearing was taken down in shorthand by 
the stenographers of the Dawes Commission. (Copy of said argu- 
ment is hereto attached and marked " Exhibit IS.'') 

23. On December 22, 1903, the Commission addressed a letter to the 
attorney in fact of the Delaware Indians, inclosing the following- 
resolution: 

Resolved, That after hearing argument in regard to making the Delaware segrega- 
tion, the Commission concludes not to change the instructions heretofore given in 
regard thereto. The lands of the public domain placed in said segregation shall be 
as far as possil)le such as will not serve as a means of excess land holding l)y indi- 
viduals for their personal profit. 

24. On December 23, 1903, Hon. James K. Jones addressed two 
letters to the Dawes Commission, asking for a specific statement as to 
the meaning of said resolution of the Commission. (Copies of these 
letters are hereto attached and marked "'Exhibit 19.") 

25. On December 26, 1903, the Delaware Indians in council assembled 
at Dewey, Ind. T., adopted the following resolutions: 

The Delaware Indians, in council assembled, this 26th day of December, 190:3, 
respectfully reiaresent to the Dawes Commission that Leo E. Bennett, United States 
Indian agent, in his report to the Interior Department in 1890, exhibits a petition 
representing 645 Delaware Indians, stating that the reasons they desire their invested 
funds paid per capita to them (funds amounting to nearly §1,00*0,000) were as follows: 

"We are only influenced in so doing by our earnest desire to invest and otherwise 
utilize this money to improve farms for ourselves and children before our best lands 
are all inclosed, and to iJurchase farming tools and horses and cattle for the subsist- 
ence of ourselves and those dependent upon us." "^- 

On March 18, 1890, the Principal Chief of the Cherokee Nation, J. B. Mayes, and 
the Cherokee delegates, John L. Adair and D. W. Busheyhead, petitioned the Com- 
mittee on Indian Affairs that the moneys due the Delawares be appropriated and 
paid to them per capita. They stated that "as the legal representatives of the 
Cherokee Nation we have been ofticially authorized and instructed by an act of our 
legislature to assist our Delaware brethren in their efforts to obtain a full and com- 
])lete settlement with the Government. * * * We offer below some of the reasons 
in support of these views. * * * The rapid imisrovement of our country makes 
it plainly apparent that all choice bodies of land will soon be occupied, and those of 



4 MEMORIAL OF THE DELAWARE INDIANS. 

our citizens are fortunate who will have the means to locate and improve those lands 
before they are taken up." 

Comjilying with the i-equest of the Cherokee Nation and the Delaware Indians, the 
Governuient (if the Tnited States did pay to the Delaware Indians all the funds they 
had, amounting to near $1,000,000, and it was used by us in carrying out this pur- 
pose of selecting and improving lands, wliich lands were selected and improved by 
us for ourselves and our children; and that most of said lands so selected and 
improved are still held l)y our people as their homes. 

That we have recently learned, to our amazement and great distress, that your Com- 
mission has determined not to include these lands in the Delaware segregation, 
although we wereadvise<l and believed that these lands had already been segregated. 
To exclude these lands from the segregation would, in the opinion of the Delaware 
people, be a gross wrong, and in direct disobedience, in our opinion, to the act of 
Congress providing for the segregation; anci against sut'h action on the ])art of the Coni- 
mission we most solemnly and earnestly protest, and beg your Commission that 
instead of such action, to let remain in the segregation all lands held or improved b)- 
descendants of registered Delaware Indians, to the end that their rights may be pro- 
tected, as was the intention of the act of Congress. 

We have heretofore earnestly requested that all these lands be included in the 
segregation, it Ijeing understood among our people anil by all of them that all of these 
holdings, whether large or small, aj-e the projierty of the Delaware Tribe and subject 
to equal allotment among the tribe when the council shall so request, and this is now 
and has been our request. 

The course we now ask the Commission to pursue is not objected to, but, on the 
contrary, is approved by the representative of the Cherokee Nation. 

Resolred, That this memorial be forwarded to the Dawes Commission, and that a 
copy be sent to the Secretary of the Interior; and to Richard C. Adams, our attorney- 
in-fact, in Washington, D. C. 

J. B. Parker, 

Cltairmun of the Council . 
Stephex a. ^Iili.er, 

Clerk of the Council. 
Approved by — 

George Bullette, ChoirvKDi. 
Henry Armstroxi;, 
John Yorxo, 
John Sarcoxie, Jr., 
John H. Second yne, 

Delaware Bushiest^ Committee. 

2(). On December 33, 1903, William T. Htitchings. attorney of 
record for the Cherokee Nation, addressed a letter to the attorne}' in 
fact of the Delaware Indians, in which he states: 

Referring to your inquiry about the position of the Cherokee as to the segregation 
of the Delaware lands, under their recent agreement with the United States, and 
being made with the Commission to the Five Civilized Tribes, will say that through- 
out the entire matter I, as representative of the Cherokee, have on'lv insisted that 
there should not be put into segregation any lands which Cherokee "citizens, other 
than Delawares, would have a right under the law, to select as their allotment bv 
having improvements therein and being in possession thereof, the same having been 
made and done prior to any Delawares acquiring any rights thereto. 

I will further say that it is not the desire of "the "Cherokee to deprive any of the 
Delawai-es of any improved projiertv, or to prevent from going into the segregation 
any land which, under a decision of the Supreme Court of the United States favorable 
to the Delawares, they would be entitled to claim and have. 

2Y. On Deceml)er 2'6. 1903, the attorney in fact of the Delaware 
Indians addressed a letter to the commissioner in charge of the Cher- 
okee land ofHce at Tahlecjuah, Ind. T., inclosino- copies of certain 
deeds from citizcms of the Cherokee Nation to improvements on lands 
included in the Delaw^are seo-re.s>ation. much of which land was after- 
wards claimed l)y many of the "\-ery Cherokee who sold the same for 
valuable considerations. (Copy of this letter with inclosures is hereto 
attached and marked "Exhibit 20.") 



MEMORIAL OF THE DELAWARE INDIANS. 

28. On December 26, 1908, Hon. C. R. Breckinridge addressed two 
letters to Hon. J. K. Jones, defining clearly the intentions of the 
Commission. (Copies of said letter are hereto attached and marked 
•'Exhibits 21 and 22."^) 

29. The expressed determination of the Dawes Commission to 
administer aflairs in the Cherokee Nation in disregard of the rights 
and interests of the Delawares, as guaranteed to them l\v the United 
States, and stipulated in their agreement with the Cherol^ee Nation, 
and even against the wishes and advice of the Cherokee themselves, 
as stated b}" their attorney, is not easy to explain upon anv basis of 
laAvful and just intentions on the part of said Commission. 

As has alread}" been shown, the Delawares hold the most valuable 
lands in the Cherokee Nation for speculative purposes, being in the 
heart of tlie oil and gas belt. It is clearly in the interest of the num- 
erous land and trust companies that have sprung up like mushrooms 
in the night all o\cv the Indian Territory that the Delaware segrega- 
tion should be broken up in order that these valuable lands may become 
subject to contest and cast into the vortex of litigation, in which 
their opportunities of success are greatest, by reason of their superior 
knowledge and facilities. It is a matter of notoriety that members of 
the Dawes Commission are promoters of and interested in manj^ 
of these trust companies, in many cases being activelj' engaged in their 
management. 

It is especially alleged that members of said Commission are incor- 
porators, stockholders, and officers of the P]ufaula Trust Company, of 
Eufaula. Ind. T. ; the International Bank and Trust Company, of 
Vinita, Ind. T. ; the Tishomingo Loan and Trust Company, of Tisho- 
mingo, Ind. T. ; the Canadian Valley Trust Company, of Muscogee, 
Ind. T. : the Muscogee Title and Trust Company, of Muscogee, Ind. T. 
All of said companies are incorporated for the purpose generally of 
buying, selling, leasing, and subleasing and exchanging real estate in 
the Indian Territory, and dealing and acting as brokers and agents in 
oil and other leases, a})stracting titles, and acting as administrators, 
guardians, etc., all of which duties relate to matters concerning which 
said officers ma}', and generally do, have to deal in their official capaci- 
ties as officers of the Government, and in which their interests as such 
public officers are necessarily in direct opposition to their private and 
personal interests as members and officers of said companies. It is 
further publicly charged that said officers are indirectly interested in 
numerous other commercial enterprises in said Territory inconsistent 
with their public duties. 

Attached hereto are exhibits 23, 21, 25, 26, 27, 28, 29, being copies 
of articles of incorporation of the International Bank and Trust Com- 
pany of Vinita, the Tishomingo Loan and Trust Company of Tisho- 
mingo, the Canadian Valley Trust Company of Muscogee, the 
]\Iascogee Title and Trust Company of Muscogee, the Eufaula Trust 
Company of Eufaula, the Tribal Development Company of Tisho- 
mingo, and the Bradley Realty Trust Company of Muscogee, all of 
the Indian Territory: and as to the first five of which it will be seen 
that members of the Dawes Commission are either incorporators, offi- 
cers, or stockholders, and as to the last two of which it is publicly 
charged that they are directly or indirectly interested therein. It 
will also be seen that these various companies almost completely cover 
the most important speculative fields in the Indian Territory. There 



6 MEMORIAL OF THE DELAWARE INDIANS. 

is also attiichoci hereto, for the information of the Senate, a schedule 
marked ''Exhibit 80," being a partial list of land and trust companies 
organized in the Indian Territory, and as complete a list as your 
memorialists are able to furnish at this time. 

When in the Indian Territory a few days ago, the representative of 
3'our memorialists was informed that agents of land and trust com- 
panies had large numl)ers of persons in readiness to take possession of 
Delaware lands and improvements as soon as the contemplated orders 
of the Dawes Connnission should l)e promulgated, and for this purpose 
powers of attorney to make such locations were also being taken from 
persons incarcerated in jails and penitentiaries in order that no scheme 
might fail to secure locations upon and selections of these valuable 
lands and homes of the Delawares, 

30. That a general review of the histor}' of the Delaware Indians, 
relating to the purchase of homes in the Cherokee Nation, Indian 
Territory, is as follows: 

The Delawares made an agreement with the Cherokee on April 8, 
1867, which was l)ased primarily upon the provisions of the fourth 
article of the Delaware treaty with the United States of July 4, 1866, 
and the fifteenth article of the Cherokee treaty with the Ignited States 
of Jul.y 19, 1866. In the Delaware treaty it was contemplated that 
through the oftices of the United States the Delawares would get a 
bodv of land in the aggregate ecjual to 160 acres for each Delaware, if 
they should so desire. In the Cherokee treaty it was also contem- 
plated that the Cherokee would sell to friendly Indians a body of 
land equal to 160 acres for each member of the tri])e of friendly 
Indians, if they should so decide, and for an additional consideration, 
citizenship, or (Mjual rights with Cherokee by blood. 

The Delawares, therefore, had authority to buy and the Cherokee 
authority to sell, and both treaties had to l)e taken into consideration, 
it recjuiring the authority of both treaties for the Delawares to buy of 
the Cherokee as nuich land in the agoregate as they (the Delawares) 
should desii'e to purchase, not exceeding under this clause the num- 
ber of Delawares removing into the Cherokee Nation multiplied Iw 
160. This was done, and citizenship also was purchased. 

This land was bought with the funds of the Delaware tribe for the 
tribe. The future disposition of this land was necessarily subject to 
the provisions of the fourth article of the Delaware treaty of 1866»; 
that is, it was to be surveyed when the Delaware council should 
request it, when the council could allot it to each member of the tril)e 
residing in the new country in whole or in part. This contemplated 
that at some future time, when prol)ably all of the registeied Dela- 
wares might be dead, the lands pui'chased by the tri])e should l)e allot- 
ted by the council to the living mendxu's at that time who might all l)e 
descendants of registered Delawares. (This was the way they divided 
their invested funds.) It was so understood by the Cherokee, who 
guaranteed the aggr(^gate amount of land to each Delaware incorporated 
under the agreement. 

When the Delawares arrived in the Cherokee Nation they found that 
the Cherokee had adopted a constitution and a code of laws. 

In the constitution of the Cherokee Nation, article 1, section i\ is 
the following: 

The lauds of the Cherokee Nation shall remain common pro})erty, but the improve- 
ments made thereon, and in the possession of the citizens of the nation, are the 



MEMORIAL OF THE DELAWARE INDIANS. 7 

exclusive and indefeasil^le property of the citizens, respectively, who made, or may 
rightfully be in possession of them: Provided, That the citizens of the Nation possessing 
exclusive and indefeasible right to their improvements, as expressed in this article, 
sliall possess no right or power to dispose of their improvements, in any manner 
whatever, to the United States, individual States, or to individual citizens thereof. 

In the laws of the Cherokee Nation, 18!;>2. article 14, section 241, is 
the following: 

Any person having peaceable possession of private property obtained through law- 
f al means, and claiming a limited or absolute right in the same, shall l^e held, in law, 
to have a prior right of possession thereto against all persons obtaining possession 
thereafter until the right of such person shall expire, or be by him transferred to 
another for good or valuable consideration. 

It was found that 985 Delawares desired to remove to the Indian 
Territory, and their names were placed upon the register by Agent 
Pratt, and the}' became thereafter designated and know^n as ' * Regis- 
tered Delawares." The Government then transferred from the Dela- 
ware trust fund to the Cherokee trust fund $157,000, in payment of 
157,600 acres of land, which was the aggregate amount purchased, 
being 985 times 160. During the next year the Delaware Indians 
removed to the Cherokee Nation. From that time until the present it 
has never been questioned l)ut that the Delawares made an absolute 
purchase of this land and took all the title that the Cherokee had to 
give. Declarations to this ett'ect ha\'e been repeatedly made by officers 
of the Cherokee Nation in official communications, reports, etc., and 
it was so assumed in the trials of the cases of the Delawares, Shawnee, 
and Freedmen against the Cherokee Nation and the United States, 
which went to the United States Supreme Court. In fact no claim to 
the contrary was ever intimated or dreamed of until the allotment of 
the Cherokee lands in severalty was al)Out to ])e made when the claim 
was. for the lirst time, set up by the Cherokee that the Delawares 
took by said purchase only a life estate in the lands purchased as 
above described. 

As an instance of this, attention is called to a memorial presented 
to the Senate Committee on Indian AH'airs, under date of June 19, 
1890, signed \>y the delegates of the Cherokee Nation then in Wash- 
ington, John L. Adair and D."W. Busheyhead (one of whom had been 
chief of the C-herokee Nation) in reference to certain legislation then 
pending ])efore Congress affecting the interests of the Cherokee Nation, 
in which, referring to the Delaware purchase herein referred to. said 
delegates Bwy: 

As has been seen, the Delawares purchased 157,600 aci'es of Cherokee lands lying 
east of the ninety-sixth degree. That was an absolute and unconditional purchase, 
and in which lands the Cherokee Nation has no title or interest. 

This official declaration of the extent and character of the Delaware 
purchase only expresses what was the understanding of all the parties 
to the agreement of 1867, and remained so up to the time of the setting- 
up of the contention herein referred to. 

Congress sul)sequently passed what is known as the Curtis Act, hx 
the twenty-fifth article of which it was provided as follows: 

Sec. 25. That before any allotment shall be made of lands in the Cherokee Nation, 
there sliall be segregated therefrom 1)y the commission heretofore mentioned, in sep- 
arate allotments or otherwise, the one hundred and lifty-seven thousand six hundred 
acres purchased Ijy the Delaware tribe of Indians from the Cherokee Nation under 
agreement of April eighth, eighteen hundred and sixty-seven, subject to the judicial 
determination of the rights of said descendunls and the Clierokee Nation under said 



8 MEMORIAL OF THE DELAWARE INDIANS. 

iisjjreeitient. That the Delaware Indians residing in the Cherokee Nation are hereby 
authorized and empowered to bring 8uit in the Coin-t of Claims of the United States, 
within sixty days after tlie j)assage of this act, against the Cherokee Nation, for the 
puriiose of determining the rights of said Delaware Indians in and to the lands and 
fluids of said nation under their contraet and agreement with the Cherokee Nation 
ilated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may 
l)ring a like suit against said Delaware Indians; and jurisdiction is conferred on said 
court to adjudicate and fully determine the same, with right of appeal to either party 
to the Su])reme Court of the Cnited States. 

Under the authority of this section a suit was commenced in tlie 
Court of Claims to determine the riglits of the Dehiwares under said 
purchase. Whik' this suit was still pendino- and undetermined. Con- 
gress passed what was known as the ChiM-okee allotnicMit act. ]>y the 
twenty-third section of which it was provided as follows: 

Sec 23. All Delaware Indians who are nieml)ers of the Cherokee Nation shall take 
lands and shan^ in the funds of the tribe, as their rights may be determined by the 
judgment of the Court of Claims, or ])y the Supreme Court if appealed, in the suit 
instituted thc'tein by tiie Delawares against the Cherokee Nation, and now pending; 
liut if said suit be not determined before said Commission is ready to begin the allot- 
ment of lands of the tribe as herein provided, the Commission shall cause to be 
segregated one hundred and fifty-seven thousand six hundred acres of land, including 
lands which have been selected and occu])ied by Delawares in conformity to the pro- 
visions of theii' agreement with the Cherokees dated .^pril eighth, eighteen hundred 
and sixty-seven, such lands so to remain, subject to disposition according to such 
judgment as may be rendered in said cause; and said Commission shall thereupon 
jiroceed to the allotment of the lemaining lands of the tribe as aforesaid. Said Com- 
mission shall, when final judgment is rendered, allot lands to such Delawares in con- 
formity to theterms of the judgment and their individual rights thereunder. Nothing 
in this Act shall in any nuuiner impair the rights of either party to said contract as 
the same may be finally determined l)y the court, or shall interfere with the holdings 
of the Delawares under their contract with the Cherokees of April eighth, eighteen 
hundred and sixty-seven, until their rights under said contract are determined by 
the courts in their suit now pending against the Cherokees, and said suit shall be 
advanced on the dockets of said courts and determined at the earliest time practicable. 

The Dawes Commission, with the approval of the Secretary of the 
Interior, dated April 8. lOOl, informed the Delaware Indians that the 
seoivoation, under said acts of Congress, would })e complete upon 
the tiling of a list of lands selected and the marking of the same as 
withheld from selection and entry, which list and schedule of lands so 
selected for segregation was dulv tiled with said Commission in Decem- 
ber. 1902. 

On December IT. [\H)-J, the said Conunission, haAing accepted said 
schedule and marked the lands therein mentioned upon a map as with- 
held from selection and entry, passed a resolution as follows: 

Be it rexolird Jm tlic ( 'niiniiiyi^ini/. That the acting chairman cause to l)e set aside and 
segregated 157,6(30 acres of land in the Cherokee Nation, in accordance with the pro- 
visions of section 2.S of the act of Congress approved July 1, 1902 (I'ulilic, No. 241), 
subject to disjiosition according to such juttgment as may be rendered in the case of 
the Delaware Indians v. Cherokee Nation, now pending in the United States Court 
of Claims, and as shown by the description of said lands in the stipulation of counsel 
for parties in said case, dated Washington, D. ('., Decend:)er 10, UH)2. 

Said Dawes Conunission, after making said segregation as aforesaid, 
proceeded to the allotment of lands in the Cherokee Nation, as in said 
acts of Congress provided, and issued many thousand allotment certifi- 
cates at great expense to the Ciovei'nment, and as to which many vested 
interests hav(^ beconu^ attached. 

In the annua! i-eport of the Conunission to the Five Ci\ilized Tribes, 
diited September lio, iOOo. the Conunission take great pains to show 



MEMORIAL OF THE DELAWARE INDIANS. 9 

that the seg-regation made for the Delaware Indian.s on December IT, 
iH<t:>, wa!S erroneous and shoidd not stand. The Commission seems to 
base this conchision upon the fact that many Cherokee claim part of 
the lands included in the segregation and have tiled affidavits with the 
Commission to that effect. These affidavits are o()2 in numlier, most 
of which are false in Y)art or in whole. Jn some instances the Cherokee 
had a shadow of a claim to a small tract, for the reason that his improve- 
ments extended over a part of an area, of which a Delaware held the 
other part, but these cases are very rare. 

Many of the claimants have sold their improvements and received 
valuable consideration therefor, and many have no claim whatever, 
while more than thirty of the claimants are Delaware Indians tiling 
upon their own land, which is included in the segregation, in order to 
protect the same from the Cherokee. Fifteen are cUiplicate tilings 
W Cherokee, while fifteen others are for lands not in tlu^ segregation. 

If the Commission would make an impartial and fair investigation, 
they would find that \ery few errors w^ere made and that coniparatiAely 
little land is included in the present segregation that should not be 
included therein. To describe 157,600 acres of land in small tracts is 
a difficult thing to do, and no doubt some errors were made. In such 
cases, ho^vever, the Delaware holds a like amount of land, which was 
left out by mistake. These corrections the Delawares themselves 
would like to have made. It is unfair to them to have the Commis- 
sion make a report stating- that the segregation was made without due 
consideration for either Delawares or Cherokee, when the Commis- 
sion and the Department have been requested for the past five years 
to make a segregation, and they have not only refused to do so, but 
have refused any aid to the Delawares in describing their lands. 

It is passing strange that we should be so severel}^ criticised for a 
few errors committed in making up this schedule with our inadequate 
means, while the Dawes Connnission. with all its means and facilities, 
have made greater errors, e\en in their criticism of us. In their 
annual report for the year ending June 30, 1903, the Commission 
exhibit four sample certiticates to illustrate their method, and the pre- 
sumption would be that these would represent the highest order of this 
class of work, yet an examination will show that two of these four 
exhibits are erroneously made out, the description ])eing at variance 
with the plat in each case. 

The Secretary refused to give township plats to the Delawares and 
such plats had to be purchased by the representative of the Dela- 
wares (see S. Doc. No. IG. 58th Cong,. 1st sess.). Had the Commis- 
sion sent a surveyor with the business committee of the Delawares to 
describe the lands, so as to include their improvements, less error 
would have been made and less time lost. If any errors have been 
made in the description of the lands it is not the fault of the Dela- 
wares. They had no expert surveyors and little means of ascertaining 
the exact description of their lands. 

It is believed that more than 10,0()() allotments have been made, and 
the Commission state that, generally speaking, the better lands are 
being taken up first. Evidently it was the intention of Congress that 
l)efore this was done the lands of the Delawares should have been 
segregated, and the segregation was made. The Delawares were for- 
tunate in their selections, and the secret of the whole trouble is 



10 mp:morial of the Delaware Indians. 

explained in the re^jort of the Dawes Coniniission for the year ending- 
June 3U, 1I)(I3, under the head of •'Allotment contests," wherein they 
say : 

The tendency to contest in the Choctaw"" and Chickasaw nations is enhanced by 
the extent of vahial)le mineral deposits, while in the Cherokee Nation the lower 
percentage of tillable land, as well as the smaller per capita allotment and the dis- 
covery of gas, oil, and other minerals, tend to increase the number of contests. It is 
estimated that there will be in the neighborhood of ri,000 allotment contests in the 
Cherokee Nation alone. 

The oil and gas discoveries desci-ibed herein are in the DelaAvare 
country, and many persons are now claiming these lands who have 
never lived within miles of them heretofore. 

After their removal and settlement in the Cherokee Nation in 1868, 
and the payment for their lands and rights therein, the Delawares 
still possessed a large fund in the hands of the Government, amount- 
ing to about §1,000,000, upon which they were receiving interest 
at the rate of 5 per cent, per annum, yielding them a permanent 
and regular income. The}' were urged by the Cherokee and others 
to request that this fund be paid to them per capita, and many rea- 
sons were urged upon them to induce them to take steps to have this 
fund disbursed, and finally yielding to this pressure, they requested 
Congress to enact the necessary legislation. It was urged by the 
Cherokee that the money could be profitably spcMit in improving their 
farms. 

On ^Slarch 18. 181)0. the Cherokee delegation, then in Washington, 
Messrs. Adair and Bushyhead, together with the principal chief of the 
nation, J. B. Maves, presented to the Committees on Indian Affairs 
of Congress a memorial urging legislation for the disbursement of 
this fund to the Delawares, in which, among other things, as reasons 
why this action should l)e taken, they say: 

Favorable opjiortunities for investment are even" where jiresent. The raj^jid 
improvement of our country makes it jilainly apparent that all choice bodies of land 
will soon be occupied, and those of our citizens are fortunate who have the means 
to locate and improve these lands before they are all taken up, etc. 

A perusal of this memorial will show the ingenious arguments 
resorted to by the Cherokee delegation to secure the passage of this 
legislation and the expenditure of this large amount of money in the 
Cherokee Nation. 

Yielding to this ])ersuasion. Congress on March o. 181U, appropri- 
ated one-half of the money and provided for its payment under the 
direction of the Secretary of the Interior. Before making the pay- 
ment, however, Mr. Leo E. Bennett, at that time agent for the Five 
Civilized Trit)es. made a thorough investigation as to the condition 
of the Delawares and the purposes to which the money was to be 
applied. sul)mitting a list of questions to each Delaware and receiving 
his answers thereto, it appearing to be the purpose of the Department 
that this fund should ])e expended by the Delaw^ares only in the 
improvement of their farms and homes. After making this investiga- 
tion 2vlr. Beimett made a report, in which he says: 

Besides the (juestions here printed, the (luestion " To what use do you jjropose 
applying your principal funds if paid to you," Avas asked each head of family. The 
answers were, almost without exception, "Improve my place." * * * Their 
houses are for the most part well built and substantial, and their fences, outh(juses, 
and other imjirovements are well taken care of. No one who has visited the Dela- 
ware settlement could fail to note the fact that the}' are among the most thrifty and 
intelliiient Indians in the entire Indian countrv. 



MEMORIAL OF THE DELAWARE INDIANS. 11 

Although this showing seems to have been all that could have been 
expected or desired on the part of the Delawares, the Government 
seems to have decided that only one-half of the fund should be paid to 
the Delawares at that time, the other half being reserved until it could 
be seen that the first half had been applied to the improvement as con- 
templated, and the second half was not paid until 1893, when, appar- 
ently, the Department had l)ecome satished that all the first half had 
been strictly applied to the purpose of improvement as contemplated. 

Notwithstanding all these facts, it appears now, as stated to me by- 
members of the Dawes Commission and as shown in their resolution 
of December 10, 1903, and letters of December 26, 1903, that it is the 
purpose of said Commission, without waiting for the decision of the 
suit now pending in the Supreme Court of the United States, to antici- 
pate the same; to proceed as if the same had been decided adverseh^ 
to the Delawares; to segregate 1(10 acres for each of the Delawares 
registered in 1867 who are now living, who number only about 195, 
and the heirs of deceased registered Delawares who are in possession 
of tracts selected by said deceased registered Delawares, and disregard- 
ing all the improvements that the Delawares, in their economy and 
thrift have made and the homes that they have occupied during all the 
years since their settlement in the Cherokee Nation, to select for them, 
out of the refuse lands of the Cherokee Nation such as have not been 
claimed by any other person, enough land to make up the total of 
15T,60(» acres and to hold the other lands so occupied and improved bj^ 
Delaware Indians subject to settlement by any Cherokee who may 
apply therefor. 

The injustice of this proposition is so manifest that it seems hardly 
necessary to call attention to it directlv. There would be only about 
35,000 acres of land to be segregated for the registered Delawares liv- 
ing and the heirs of the deceased registered Delawares, since there are 
less than 200 living registered Delawares and less than twent}' tracts 
of improved land that were selected and improved by registered Dela- 
wares and noAv in possession of their heirs, for in the case of the 
descendants of deceased registered Delawares it has been the practice 
in the Cherokee Nation to sell the improvements, in order that the 
proceeds might be distril)uted among the heirs, so that there are com- 
paratively few of the homes of this class that are now in the possession 
of the descendants of deceased registered Delawares and which have 
been so continuously. 

There would, therefore, be more than 122,000 acres of land to be 
selected to make up the Delaware segregation, of the most inferior 
lands in the Cherokee Nation, located largely in the Hint hills, and 
at present appraised at 50 cents per acre, while the valuable lands 
occupied by the Delawares and under a high state of cultivation, in 
the injprovement of which not only have their lives been spent and 
their earnings invested, but also their share of the invested funds of 
the Delawares, paid to them in 1891 and 1893 as a])ove explained. 
All of this would, under the rule adopted by the Connnission, be con- 
fiscated and turned over to Cherokee without compensation, while 
the Delawares, w^hose time and money have been spent in creating 
these improvements, would be given raw and inferior land 100 miles 
from home amid hostile surroundings, and to-day only appraised at 
one-half the price they paid for land thirty-five years ago. 

If the Delawares are not to be permitted to have the benefit of the 
improvements which have been made with their private funds, which 



12 



MEMORIAL OF THE DELAWARE INDIANS. 



wove withdrawn from investment in 1891 and 18!K^>, as herein shown, 
and funds received from sale of the Cherokee Outlet, nearly all of 
which were invested in the improvement of these lands by direction 
of the officers of the Government, and by and with the advice of the 
Cherokee Nation, l)ut are to be turned over to Cherokee as contem 
plated in the resolution and corresj)ondcnce of the Dawes Conmiission 
hei'ein set out, then surely it is the duty of Congress to rc^turn to the 
Delawares the i>l,00O,(»O(> tlnis invested in such improxements; for it 
must be evident, even to the most prejudiced, that we would suffer 
hardship enough in the loss of our lands and homes without also being- 
deprived of the improvements made upon the land at the expense of so 
much time and money. 

In consideration of the foregoing your memorialists pray the Senate 
to take such inmiediate action in the premises, by resolution or other- 
wise, d(>claring its views as to the duties of said Commission under the 
law. as nuiy tend to restrain such arbitrary and uidawful action on the 
part of said Commission and presei've the rights and status of the Dela- 
wares until the final determination of the suit now pending in the 
Supreme Court of the rnited States. 

The Delaware Indians Residing 
IN TPiE Cherokee Nation, 
By Richard C. Adams, i -^ 

Attorney in ¥act. 

liulc.v t-u exhibiis. 



No. 



Letter from Dawes Commission to Richard C. Adams 

Letter from commissioner in charge Cherokee land office to Stephen A. 
Miller 



Letter from Richard C. Adams to Hon. Tams Bixby 

Letter fmia Richard C. .\dams to the Dawes Comniissidn , 

Letter fniiii chairman (if Dawes Ciimmission to Richard C. Adams , 

Report of Assistant .\tt(irney-General to the Secretary of the Interior , 

Letter from chairman of Dawes Commission to Richard C. Adams , 

Letter from commissioner in charge Cherokee land office to Richard C. 
Adams , 



Letter from Secrct.-iry ni the Interior to llir |i:i wcs ( '(iiiniiiss'on 

Letter from cdinini^^iniiii' in clnu-ge Clicrokcc l.-iiui dliicc lo Richard C. 
Adams, and iii>tnictiiiiis from Dawes < 'ojiniii^siiiii in ret^ard to segrega- 
tion of Delaware lands ' .' 

Letter from chairman of Dawes ("ommi'sion to Richard C. Adams 

Letter from Walter S. Logan to chairman of Dawes Commission 

Letter from Richard C. Adams to commissioner in charge Cherokee land 
office 



Letter from chairman of Dawes Commission to Richard C. Adams, and 
affidavits of Cherokees making application for lands included in Dela- 
ware segregation 

Letti'r from commissioner in charge Cherokee land office to Richsird C. 
Adams 



.do 



Letter from Walters. Logan to Hon. Clifton R. Breckenridge , 

Argument of Hon.. lames K.. Tones before Dawes Commi.ssion in the matter 
of the Delaware segregation 

Two letters from Hon. James K. Jones to commissioner in charge Cherokee 
land office 

Letter from Richard C. Adams to comrnis.sioner in charge Cherolcee land 
office, and deeds from various Cherokees to Richard C. Adams 

Letter from commi.ssioner in charge Cherokee land office to Hon. .lames 
K. Jones 

Letter from commissioner in charge Cherokee land office to lion. .James 
K. .lones 

Charter of International Bank and Trust Company of Vinita, Ind. T: 

Charter of Tishomingo Loan and Trust Company of Tishomingo, Ind. T ... 

Charter of Canadian Valley Trust Tompaiiv of Muskogee, Ind. T 

Charter of Muskogee Title and Tr\ist Coiuihuiv of Muskogee, Ind. T 

Charter of l':ufaul.i Trust Company of Kufaula. Tnd.T . .' 

Charter of Tribal Develo])uient Companv of TishomiiiLco. Ind. T 

Charter of Bradley Real Kstate (^(mipany of Muscogee. Ind. T 

List of incorporated stock and investment companies in the Indian Ter- 
ritory 



Date. 



Nov. 16,1903 

Nov. IS, 1903 
Nov. '21, 1903 
Nov. 24,1903 

do 

Nov. 2.5,1903 
Nov. 27,1903 



do 

Nov. 2S,1903 



Dec. 1,1903 

Dec. 2, 1903 

Dec. 3, 1903 

Dee. 7, 1903 



Dec. 8, 1903 

Dec. 12,1903 
Dec. 15,1903 
Dec. 18,1903 

Dec. 22,1903 

Dec. 23,1903 

Dec. 26,1903 

....do 

...do 



Page. 



MEMORIAL OF THE DELAWARE INDIANS. 13 

Exhibit 1. 

Commission to the Five Civilized Tribes, 

Muscogee, Lid. 1\, Norember 16, 1903. 

Dear Sir: This acknowledges receipt of your letter of the 14th instant, in which 
you specially request the Commission to express an opinion as to whether or not the 
applications filed by the Cherokee citizens upon lands included in the Delaware seg- 
regation would give them any preferred rights over the Delaware occupants in case 
the suit now pending should be decided against the Delawares. 

In reply you are advised tliat it has always been the policy of the Commission to 
refuse to express in advance an opinion upon any question that it might be called 
upon in the future to pass upon officially, but in this connection your attention is 
invited to the opinion of the honora})le Connnissioner of Indian Affairs in the Creek 
contest case of John Thompson, father and next friend of Alice Thompson, contestant, 
V. Fred L. Dyer, father and next friend of Sarah Dyer, contestee, in which case the 
contestee had made application to file upon the lands upon which the contestant had 
improvements, and was entitled to the possession at the time of contestee' s applica- 
tion, and this fact appearing to the Commission thej' refused to accept and approve 
the application but held the same suspended. 

Under the rules of practice in Creek contests, based upon the Creek agreement, all 
contests must be instituted in ninety days from the date of the original application 
for the tract of land in controversy, and the contestee moved to dismiss because the 
contest was not initiated within the time required by said rule. In passing upon this 
motion the Commission useil the following language: 

" The Commission is of the opinion that the words ' original api^lication ' as used 
in said rule mean an application which has ]>een allowed by the Commission and by 
reason of which a certain tract of land has been tiled on or set apart to a certain 
individual as his selection for allotment, and that the ninety days does not begin to 
run until such tract has been set ajjart by the Commission on the plats on file in the 
land office to some person who is entitled to allotment. The tract in controversy 
has never been so set apart to any one and the motion to dismiss is therefore 
overruled." 

This language was quoted from the original decision of the Conmiission with 
approval, and the decision was affirmed by the Commissioner of Indian Affairs and 
no appeal taken therefrom. 

Respectfully, .. Tams Bixby, 



Mr. Richard C. Adams, 

Bond Building, Washington, D. C. 



/ ^^f^""^'^ Chiwnnun. 



Exhibit 2. 

Commission to the Five Civilized Tribes, 

TahlequaJi, Ind. T., November 18, 1903. 
Dear Sir: You are hereby notified that before your application for the enrollment 
of yourself and the members of your family as Delaware citizens of the Cherokee 
Xation will be complete it will be necessary for you to furnish the Commission with 
further evidence as to your right to enrollment. 

It is important that this evidence should be furnished at once, and you are there- 
fore requested to appear before a special enrolling party of this Commission for this 
23urpose on one of the dates and at one of the places named below: 

Bartlesville, November 23 to 25, inclusive; Dewey, November 26 to 28, inclusive; 
Nowata, November 30 to December 1, inclusive; Claremore, December 2 to 3, inclu- 
sive; Vinita, December 4 to 5, inclusive. 

Respectfully, C. R. Breckinridge, 

Commimoner in Cliarge Cherokee Land Office. 
Stephen A. Miller, 

Dehuvare, Lnd. T. 



Exhibit 3. 

November 21, 1903. 
Dear Mr. Bixby: I am in receipt of yours of the 16th. This letter very much 
clears up matters in my mind and I am sure will l)e appreciated by my people when 
I send them copies of it. 



14 MEMORIAL OF THP: DELAWARE INDIANS. 

I wish you woiilil hasten to lue the ]>laek book called the certified copy of the 
Delaware reiiister. I need this very much. 
Yours, truly, 

Richard C. Adams. 
Hon. Tams Bixby, Muscogee, Lid. T. 



Exhibit 4. 

November 24, 1903. 

Gentlemen: I am in receipt of a letter containin<f what purports to be a copy of a 
notice that has been sent to Mrs. N. M. Bartles. The notice reads as follows: 

"You are hereby notified that before your application for enrollment as a Dela- 
ware citizen of the Cherokee Nation will be complete it will l)e necessary for you to 
furnish the Commission with further evidence as to your rigiit to enrollment; also 
evidence from which your name can be identified upon the Delaware register. 

"It is important that this evidence should be furnished at once, and you are there- 
fore recpiested to appear before a special enrolling party of this Commission for this 
purpose on one of the dates and at one of the places named below: 

"Bartlesville, November 23 to 25, inclusive; Dewey, November 26 to 28, inclusive; 
Nowata, November 30 to December 1, inclusive; Claremore, December 2 to 3, inclu- 
sive; Yinita, December 4 to 5, inclusive. 

"C. R. Breckinridge." 

I\Irs. Bartles and her daughters were admitted by an act of the Cherokee council 
and paiil their personal funds for such citizenshij). They are Delaware Indians, 
but not of the 9.So known as registered Delawares; neither are they descendants of 
such. Of this class of Delawares there are quite a number, among them Arthur 
Dodge and family, Lewis Ketchum, Elizabeth Ketchum, Mary Ketchum, and Solo- 
mon Ketchum, and the children of these Delawares would not be descendants of 
tlie registered Delawares, and would not be entitled to participate in the distrilnition 
of the segregated lands. 

I desire to know if you have sent this notice to other Delawares, and what the 
purpose of it is. 

3Ir. George G. Chase informs me that from his talk with Major Breckenridge he 
thought the (Vjinmission was of the opinion that children born of white mothers and 
Delaware fatiiers should not be enrolled. It has always been the custom of the 
Delaware Indians to treat the wives of Delaware men as members of their tribe, and 
the children of Delaware men who married women other than Delawares were classed 
as Ijelonging to the clan of the father in the Delaware tribe and not to the clan of 
the mother in some other tribe. 

I wish you would keep me thoroughly advised as to the movements of the Com- 
mission in regard to the Delaware Indians and the Delaware lands, for I believe I 
can certainly be of assistance to you in helping to solve many of the problems that 
exist. 

Yours, truly, 

Richard C. Adams. 

The Commission to the Five Civilized Tribes, 

T(ihle(iH((h, Ind. T. 



I'lxillBIT 5. 



Commission to the Five Civilized Tribes, 

Mii.fcugee, Jnd. 2\, November x^4, 1903. 

Dear Sir: This acknowledges receipt of your letter of the 21st instant, in which 
you again call iny attention to the fact that "the certified copy of the Delaware regis- 
ter has not reached yon. 

In reply I desire to state that we sent to the Land Ofiice and made a thorough 
search of everything there, and have searched all our records, files, and vaults liere, 
and found that when we s(>nt you the two Delaware pay rolls and the certified coi)y 
ol the Delaware rcLfister, it left us entirely without any record or means by which to 
identify the Delawares. and we were forced to call on'the Indian Ofiice at Washing- 
ton for their certified coi)y of the Delaware census of 1867. This was received by us 



MEMORIAL OF THE DELAWARE INDIANS. 15 

on Octolier 10, and is the only register or roll of any kind we have pertaining to the 
Delaware?, other than the rolls made by the Cherokee Nation. 

In case the book should be found at any time, I will certainly send to you, and if 
a copy of the one we have borrowed from the Indian Office will serve your purpose, 
and you will so inform us, we will have a copy of it made here and send to you. 
Respectfully, 

TA^[s BixBY. Chairman. 
Richard C. Adams, 

Bond Building, WasJrington, I). C. 



Exhibit 6. 

Department of the Interior, 
Office of the Assistant Attorney-General, 

Wa.'<hi)igtori, Xovemher 25, 1903. 

Sir: With report of November 11, 1903, the Commission to the Five Civilized 
Triljcs sul)mitted a schedule of lands selected by the Delaware Indians in the 
Cherokee Nation, to ))e segregated under the provisions of section 2P> of the act 
approved July 1, 1902 (32 Stat. L., 716), and under date of November 14, 1903, the 
chairman of the Commission submitted a further report. The matter has been 
referred to this office by note of November 19, 1903, in which, after a reference to 
departmental letters of October 6 and 29, 1903, it is said: "Inasmuch as said depart- 
mental letters were prepared in your ofiice, said reports and inclosures are trans- 
mitted herewith, with a request that you give the Department your opinion and 
advice in the premises and the action which ought to be pursued." 

April 20, 1903, the Commission made a report of its action under said section 23 of 
the act of Jtily 1, 1902, supra, in which it was said that a schedule of lands selected 
by the Delawares had been accepted by the Commission as a proper list to be segre- 
gated. It was further stated, however, that the Conunission had been advised that 
there are "numerous other Delaware citizens whose improved lands are not included 
within the said segregation;" that a number of Cherokee citizens had made appli- 
cation for allotments of lands embraced in said schedule, claiming to have been in 
possession of such lands, and that no Delaware citizen ever occupied such lands or 
owned any improvements thereon; and that the lands embraced in said schedules 
"have not been selected with due regard for the interests of either the Delaware 
citizens generally or other citizens of the Cherokee Nation." 

While the Department had this report under consideration, suit was begun in 
behalf of the Delaware Indians to enjoin the Secretary of the Interior from in any 
manner interfering to change said list, and a temporary restraining order was issued. 
Upon final hearing of the case this temjiorary oixler was discharged and the injunc- 
tion denied. Thereupon the Department, October 6, 1903, issued instructions to 
the Commission to the Five Civilized Tribes, in which it was said: 

"It seems clear that tlie list or schedule of lands does not meet the requirement of 
the statute in that it does not include all the lands which have been selected and 
occupied by the Delawares, and in that it does not include lands v/hich no Delaware 
has selected and occupied, but to which other Cherokee citizens have claims based 
upoii alleged settlement and improvements thereon. You will therefore proceed at 
once to make such examination and investigation as will enable you to determine 
what tracts should be added to said list and what tracts now embraced therein 
should be excluded, care being taken to make the list cover the full quantity of land 
required to be segregated. You will as soon as possible report the results of such 
investigation, with suitable recommendations in the premises. In the meantime, 
and until the segregation shall have become effective, you will suspend all proceed- 
ings looking to the allotment of lands in the Cherokee Nation." 

October 29, 1903, further instructions were given as follows: 

"In order that the Department may have a better understanding of the condition 
of affairs, and to the end that speedy action may be taken when you shall submit a 
new list for action by the Department, these further instructions are given: You will 
at your earliest convenience make up a list of the tracts embraced in the former list 
which, as shown by the records of your office, are claimed and occupied by Dela- 
ware Indians, and to which there are no adverse claims. You will make another 
list, which shall embrace all tracts claimed by Delaware Indians but not included in 
the list heretofore presented to you. You will make a third list emlwacing the 
tracts included in the list heretofore presented to which some Cherokee citizens 
other than Delawares makes claim. You will transmit with each of these lists a 



1() MEMORIAL OF THE DELAWARE INDIANS. 

Statement of tlie condition of the tracts embraced tlierein as to tlie occupancy thereof 
and improvements thereon, so far as the same are known to you, and will also rec(jm- 
mend what action should be taken by the Department upon each of such lists. 

"These instructions are not intended so supersede those of October H, and you will 
therefore ])roceed upon any line of examination and investigation wliich may have 
been entered up<in under those instructions." 

The list now submitted is the same as that before presented to the Department, 
and the Commission still says that there are errors in that list and 'that "an amend- 
ment ought to 1)e made to said segregation at the proper time embodying all the 
corrections which shall be found necessary." They, however, recommend that the 
list as it now stands be now approved, leaving the corrections to l)e made hereafter. 

So far as appears from the papers submitted the Commission has taken no action 
under the instructions of October (i and 29. Tlie Department is still without any 
detinite information as to the extent of the errors in this list or as to the number of 
jieople affected therel)y. The statements made are general and indetinite, to the 
effect that numerous Delaware citizens are not protected by said list, and that a 
number of Cherokee citizens are affected thereby. The information is altogether too 
indetinite to enable the Department to determine the seriousness of the errors in said 
list. It was evidently to obviate this dithculty that the instructions of October 29 
were given. 

If tTie Dejiartment ap])roves the schedule submitted, it will do so with the knowl- 
edge that it is inaccurate, and with the understanding that steps should Ije taken at 
once to make corrections. Under these conditions I am not prepaT'eil to advise 
approval of said list at this time. If the Connnission shall hereafter submit reports 
under the instructions heretofore given it, which show that the errors are few and of 
small consequence, it may well be that the Department will be justified in giving its 
approval of the list as it now stands and making corrections afterwards. If, however, 
such reports should show that the errors are numerous and a large number of jjeople 
are affected thereby, the Department would not, in my ojMnion, be justified in adopt- 
ing this schedule before corrections were made. My advice therefore is that the 
Commission be instructed to make the reports called for by letters of October 6 and 
29, in order that the Department may be more fully advised in the premises and in a 
position to take intelligent action. 

The papers submitted are returned herewith. 

Very respectfully, F. L. Campbell, 

^Isfilstftnl Att()rney-(-lfiiernl. 

The Secretary of the Interior. 

Approved. 

E. A. Hitchcock, SecrcUtn/. 



Exhibit 7. 

Commission to the Five Civilized Tribes, 

Muifcogee, Jud. T., X<>vemher27, 1903. 
Dear Sir: My telegram to you of this date, readingas follows, is hereby confirmed: 
"On Thursday, December 10, at 9 o'clock a. m., Commission will consider in ses- 
sion matters pertaining to Delaware segregation. Will be pleased to hear any argu- 
ments, oral or written, which you may desire to present at that time touching upon 
the method which should be adopted for making segregation." 
Yours, truly, 

Ta.ms Bixby, ('li(iini)an. 
Mr. K. C. Adams, 

Bond JJiu/dliig, WaxJiingtmi, D. C. 



Exhibit 8. 



Commission to the Five Civilized Tribes, 

Tahletiunh, lad. T., yoveinber 27, 1903. 
Dear Sir: The Connnission is in receij)t of your letter of the 24th instant, relating 
to a letter sent by this office to Mrs. N. M. Rartles, notifying her to appear before an 
enrollment party and give additional evidence concerning lier riglit to enrollment as 
a citizen of the Cherokee Nation. 



MEMORIAL OF THE DELAWARE INDIANS. l7 

You also request to be kept advised as to the movements of the Commission in 
regard to the Delaware Indians and the Delaware lands. 

Concerning the letter to Mrs. Bartles, it was one of a similar character sent to a 
number of persons listed as Delawares. These were instances in which it was found 
upon I'eview that the evidence in the cases was not complete, or that certain points 
had not been clearly brought out. In Mrs. Bartles' s case, the original taking of the 
case, as recorded, left an inference that she was not a registered Delaware; but her 
status in that particular was not distinctly and definitely set forth. Such amend- 
ments and details have to be attended to before the cases are ready for presentation 
to the Commission for final decision. As you doubtless know, the so-called Dela- 
ware citizenship cases have not been passed upon yet by the Commission or forwarded 
to the Secretary of the Interior for his approval, not having been carried beyond the 
point of being listed under that class for consideration and determination by the full 
Commission. 

In regard to your wish to be kept advised as to the movements of the Commission 
in regard to the Delaware Indians, it is not customary, nor deemed necessary, either 
for you as counsel or for the Commission, to call attention to the execution of such 
preparatory details as are receiving consideration, but the Commission will advise you 
fully and in due time, when it comes to taking action upon the material in hand, and 
it is the earnest desire of the Commission that you shall have and shall exercise every 
reasonable and necessary facility in jDrotecting your rights and the rights of your 
clients, and in assisting as far as possible in reaching a final satisfactory solution of 
this somewhat complicated matter. 

Respectfully, C. R. Breckinridge, 

Commissioner in Charge Cherokee Land Office. 

Richard C. Adams, 

Bond Building, WasJilngton, D. C. 



Exhibit 9. 

November 28, 1903. 

Gentlemen: There is inclosed herewith copy of a communication from the Assist- 
ant Attorney-General, dated November 25, 1903, approved by me same day, con- 
cerning your report dated November 11, 1903, submitting a schedule of lands selected 
by the Delaware Indians in the Cherokee Nation, to be segregated under the provi- 
sions of section 23 of the act approved July 1, 1902 (32 Stat. L., 716), and referring to 
the report of the chairman of the Commission, dated November 14, 1902, concerning 
the same matter. 

Reference is made by the Assistant Attorney-General to departmental instructions 
of October 6, 1903, wherein you were directed to " proceed at once to make such 
examination and investigation as will enable you to determine what tracts should be 
added to said list and what tracts now embraced therein should be excluded, care 
being taken to make the list cover the full quantity of land required to be segregated. ' ' 

The instructions contained in departmental letter of October 29, 1903, directing 
you to transmit three lists, are quoted by the Assistant Attorney General, and it is 
expressly stated that said instructions were not intended to supersede those of Octo- 
ber 6, from which the above quotation is made. 

No special directions were given you in either of said letters as to the manner or 
method in which you should make the investigation desired. 

It is believed by the Department that your Commission, with its trained and 
experienced employees, can secure the information and make the reports called for 
by said departmental instructions of October 6 and 29 without serious difiiculty or 
great delay. It will be necessary that the list of the lands to be segregated shall 
contain all the "lands which have been selected and occupied by Delawares in con- 
formity to the provisions of their agreement with the Cherokees dated April eighth, 
eighteen hundred and sixty-seven," and if the amount of such lands should not 
equal the 157,(i00 acres required by law to be segregated,- then there should be 
included in said list other lands not occupied or claimed adversely by Cherokee 
not Delaware. 

It seems to be imperative that the list of Delaware lands submitted by you for segre- 
gation should contain all the lands duly "selected and occupied" by the Delawares. 
It certainly will not be difficult to secure satisfactory reports of the condition of those 
tracts of land not included in the previous list which are claimed by Delawares, nor 
does the Department believe that it will be necessary for your Commission to have 

S. Doe. 58 2 



18 MEMORIAL OB' THE DELAWARE INDIANS. 

lornuil lu'arhijrs to determine the riyhts of adverse elainiantsf U) tracts selected and 
occupied I)y the Delawares. Whether a tract of hind is "occupied" or not can be 
a8certaint^d by at-tual inspection, and if occupied the essential facts relative to such 
occupancy, sufiicient for the purjiose to be attained, can probably be discovered by 
intelligent inquiry. In this connection it should be borne in mind that, for obvious 
reasons, expedition in the matter is of great importance. It will be sutHcient if you 
secure satisfactory i-eports from your trusted employees, which will enable you to 
present a list of 157, (>00 acres containing all the lands selectt-d and occujjied by Dela- 
wares, jirovided the same do not exceed the amountof 1")7,<H)0 acres rccjuired by law 
to be segregateil, and in like manner you can obtain the information which will enal)le 
you to transmit the other lists referred to in said de])aitmental letters. 

You will therefore proceed as soon as possible to carry out the instructions of the 
Department in the manner above indicated. 

The papers transmitted with your letter of November 11 are also inclosed, together 
with copies of the reports of the Commissioner of Indian Affairs, transmitting the 
same. 

Respectfully, E. A. HrrciicocK, 



The Commission to the Five Civilized Tribes. 



Secretari/. 



Exhibit 10. 

Commission to the Five Civilized Tjk^gEs, 

Tnhleqnali, Lid. T., Decemher 1, 1903. 

Deah Sir: For your information I inclose lierewith a copy of instructions issued 
to this division November 28 l)y the Commission, directing certain preliminary work 
to ])e done looking to the making of the Delaware segregation. 

As you will observe, this work consists mainly in the orderly arrangement, with 
the foregoing end in view, of the data of the ollice, both as respects tlie citizenship 
status of all pei'sous likely to be affected by the Didaware segregation, and the status, 
location, and area of all lands at present in question. 

This office has recently done considerable work, of the nature of its regular work, 
in perfecting the citiz(!iishi[) data of applicants for enrollment as Cherokee citizens 
and such data as to lands as is usually obtained in imi)roveinent surveys. 

In the taking of testimony, especially such as may arise in the actual making of the 
segregation, it is desired that you be present, either in person or by representative. 

You will be given due notice of such intentions; and all the records upon which 
the Commission may i)ropose to base its conclusions in this matter will, in every way 
])racticable, l)e subject to your inspection. 

It is ])()ssible that after argument before the Commission, fixed for the lOth 
instant, the field of inciuiry will be more definitely defined. But it is desired that you 
have every reasonal)le opportunity to protect the interests of your clients, both indi- 
vidually and collectively, and any assistance you can render in elucidating the rights 
of any of the parties in (piestion will be welcomed. 

Respectfully, C. R. Breckinridge, 

Coinnmtiioncr hi Charge Clierokee Land ()[}in;. 

Richard C. Adams, 

Bond Building, Waxliington, D. C. 



The commissioner in charge of the Cherokee land office is instructed, preparatory 
to making a rejiort to the Commission with respect to the Delaware segregation, to 
take the following steps: 

1. IShike from the record of the office a list of all registered Delawares who are 
believed to be entitled to enrollment. 

2. Make a list of th(! lands held and occupied or claimed by said registered Dele- 
wares, so far as the same is embraced in the present list, and state adverse claimants 
to such lands, if any. 

3. Make a list of such lands to the extent of 160 acres for each of said registered 
Delawares, preferal)ly such land as contains their improvements, stating adverse 
claimants, if any. 

4. Make a list of lands held and occujiied or claimi'd by registered Delawares, but 
which are not included in the present list, stating any adverse claims, and indicating 
what 1(50 acres per capita of such Delawares contains their improvements. 



MEMORIAL OF THE DELAWARE IISTDIANS. 19 

5. Make a list of all lands in the present list to which Cherokee citizens other 
than those claiming to be Delawares make claim, with statement of the claims. 

6. Make a list of lands held and occupied or claimed by so-called Delawares other 
than registered Delawares, so far as the same are embraced in the present list, stat- 
ing W'hat 160 acres include their improvements and adverse claims, if any. 

7. Make a list of lands held and occupied or claimed by so-called Delawares, not 
registered Delawares, which are not embraced in the present list, stating what 160 
acres contain their improvements and all adverse claims. 

8. Make a list of lands to the extent of 160 acres each, selected and occupied or 
claimed by deceased registered Delawares, stating nature of improvements upon said 
lands and all adverse claims. 

Notice will be given to the attorneys of the Cherokee Nation and of the Delaware 
claimants of the taking of any testimony in the execution of the foregoing instructions, 
and report will be made to the Commission as soon as practicable. 



Exhibit 11. 

Commission to the Five Civilized Tribes, 

Muscogee, Ind. T., December 2, 1903. 
Dear Sir: The Commission is in receipt of your letter of November 27, addressed 
to Chairman Bixby, giving further and minute description of the certified copy of 
the Delaware register of 1867, asking that a search be made for this roll and that it 
be forwarded to you. 

In reply you are advised that a thorough search is being made, and if the roll is 
found it will be promptly forwarded to you. 
Respectfully, 

Tams Bixby, CJialrman. 
Richard C. Adams, 

Representing the Delaware Indians, Bond Building, 

Washington, D. C. 



Exhibit 12. 

December 3, 190.3. 

My Dear Sir: I have your telegram of November 27 stating that the Commission 
will meet on December 10 to consider matters pertaining to the segregation of the 
Delaware lands, and that you will be pleased to hear oral or written arguments which 
we may desire to present touching the method which should be adopted for making 
segregation. 

The agreement between the Delawares and the Cherokee of April 8, 1867, pro- 
vides that — 

"The selection of the lands to be purchased by the Delawares may be made bj- 
said Delawares in any part of the Cherokee Reservation east of the said line of 96° 
not already selected and in the possession of other parties." 

The Delawares, therefore, are to make their own selections. 

The selections they have made are on file with you. The only question that can 
arise, therefore, is as to whether any part of the lands so selected were "already 
selected and in the possession of other parties," within the meaning of the agreement. 

The phrase "already selected and in the possession of other parties" refers, of 
course, to the date of the agreement, that is, April 8, 1867. If it is claimed,^ there- 
fore, that any part of these lands were not open to the Delawares to select, it must 
be because on April 8, 1867, they had been "already selected and in possession of 
other parties" who are now claiming them. It is not enough that the lands should 
have been "selected." They must have been not only "selected" but in the actual 
"possession of other parties." 

If it is claimed that any part of these lands were on April 8, 1867, "already 
selected and in possession of other parties," that would raise an issue which I have 
no doubt your Commission has the power to determine, and we will be prepared to 
meet any such issue when it is raised. In case that issue should be determined 
against us as to any particular section or tract of land, then we will make other 
selections that are open to us to complete the 157,600 acres. 

Otherwise we are entitled to have segi'egated to us the lands we have already 



20 MEMORIAL OF THE DELAWARE INDIANS. 

selected, and in any event we are entitled to have segregated to us the lands which 
we have selected and which were not on Aprils, 1867, "already selected and in 
possession of other parties," and such other lands as we may hereafter select in the 
place of those which it may determine were on that date "already selected and in 
})OSsession of otlier ]>arties." 

I had a talk with Mr. William T. Hutchings, in Washington yesterday, on this 
matter, and his views and mine seem to be in entire accord in the matter. 

The Delawares insist upon the segregation to them of the lands which they have 
already selected, and, if further selections are to be made, of the lands which they 
may hereafter select. 

I am of the opinion that the function and power of your Commission is confined 
simply to the determination of what lands the Delawares have selected, and whether 
they are under the terms of this agreement open to selection by the Delawares. 

Whenever any issue that may be raised in this matter is to come up for trial before 
your Commission, the Delawares will be properly represented either by my office or 
otherwise upon receiving adequate notice. 

The provision limiting the right of the Delawares to select lands "not already 
selected and in the possession of other parties" is of course inserted simply for the 
protection of parties who had already made their selections at that time, and such par- 
ties alone are entitled to raise the objection. If the Delawares have bought the 
rights of Cherokee already in possession or induced for any consideration the Chero- 
kee to give up his selections, then the lands became obviously open for selection to 
the Delawares. The only lands which the Delawares could not select were those 
which were "already selected and in possession of other parties" who are in position 
to insist upon their rights and do so insist upon their rights. When they have sold 
out to the Delawares they can not of course set up their prior locations against the 
Delaware selections. 

Yours, very truly, 

Walter S. Logan. 

Hon. Tams Bixby, 

Chairman Commission, Muscogee, Ind. T. 



Exhibit 13. 

December 7, 1903. 

Dear Sir: I am in receipt of your letter of December 1, with inclosure, and thank 
you for the information. 

In the list that was handed to Mr. Chase I notice that several parties claiming 
lands within the Delaware segregation are represented by Thomas W. Triplett. I do 
not know who any of these parties are, but I see that some of them are claiming 
lands which contain improvements I have bought and which I have put into the 
Delaware segregation. Parties from the Indian Territory whom I have seen in this 
city tell me that Thomas Triplett succeeded in having some fictitious names enrolled, 
and also succeeded in filing these names before the land office. If this is true, pos- 
sibly some of the parties who are claiming Delaware segregated lands may be only 
fictitious names used by Trii)lett for that purpose. 

For the information of the Commission, and for future reference, I hand you 
herewith a memorandum showing lands that I have purchased from certain Chero- 
kees who formerly owned improvements thereon. These improvements belong to 
me. The land is put into the Delaware segregation and belongs to the Delaware 
Indians, subject to future determination of the Delaware council and the decision of 
the Supreme Court in the case now pending. The Delaware Indians contracted to 
pay me in land for services rendered in defending their interests. This they would 
prefer to do, but if for any reason they can not, then this land belongs to them and 
I will have to look to them to give me compensation for my services through other 
means. In any event, the lands descriVjed in the memorandum herewith inclosed 
do not belong to Cherokee citizens, said citizens having parted with their right to 
select the same by receiving cash consideration from me for whatever rights they had 
in and to the lancls and improvements. I can send you at any time you wish copies 
of the original deeds or bills of sale, or the originals themselves, if need be. 

In addition to the lands in the inclosed list 1 have some other lands of which at 
this writing I have not prepared a memorandum. 

I also send you, under separate cover, for your information, copy of Senate Docu- 
ment No. 16, which may be useful to you for reference hereafter. 



MEMORIAL OF THE DELAWARE INDIANS, 21 

If there is any way in which I can assist you or the Commission in regard to the 
segregation of the Delaware lands I will be glad to render such aid as is in my power. 
Yours, truly, 

Richard C. Adams. 
Hon. Cliptox R. Breckinridge, 

Commissioner in Charge Cherokee Land Office, 

Tahlequah, Ind. T. 



On June 18, 1897, I bought from William P. Ross and Edward G. Ross three- 
fourths interest in the SW. I and NW. j of section 29, township 16, range 20, paying 
the sum of $160. 

At a later date I bought the remaining interest of the Ross brothers, paying the 
sum of $125. 

On the 28d day of January, 1897, I bought from Walter Scott 38 acres in section 6, 
township 15, range 20, for which I paid the sum of )?300. 

On the 27th day of November, 1896, I paid Walter Scott $50 for about 25 acres of 
land on the north side of Fort Gibson and Tahlequah road, to straighten uji our lines 
in section 1, township 15, range 20. 

On the 2d day of November, 1896, I paid James S. Fuller and Rosie L. Fuller $400 
for al)out 40 acres of land in sections 1 and 12, township 15, range 19. 

On the 19th day of November, 1896, I paid William P. Ross and INIaud Ross $150 
for 18 acres of land on the north side of Fort Gibson road that runs by the national 
cemetery, the same being in section 1, township 15, range 19. 

On the 23d day of January, 1897, 1 paid H. C. Meigs $500 for a tract of land then 
known as the Meigs pasture, consisting of about 500 or more acres, being in sections 
30 and 31, township 16, range 20. 

On the 8th day of December, 1896, I paid to J. S. and R. L. Fuller $200 for 15 or 
more acres of land bounded as follows: On the east side by the tract lately belonging 
to William Ross and now belonging to R. C. Adams; on the south side by the Tah- 
lequah and Fort Gibson road; on the west by a straight line running parallel with 
the section line; and on the north by the Corrall branch; all being in section 1, town- 
ship 15, range 19. 

On the 9th day of December, 1896, I paid Alfred Smith $25 for about 2i acres of 
land in section J, township 15, range 19, to straighten up my line. 

On July 10, 1897, I paid William Hendricks and wife, for 200 acres or more of 
land located in section 6, township 15, range 20, and section 31, township 16, range 
-20, $500. 

On the 3d day of December, 1896, I paid Walter Scott $40 for 24 acres in section 
1, township 15, range 19. 

On the 24th day of July, 1897, I paid William P. Ross and M. W. Eoss and E. G. 
Ross $1,000 for 50 acres of land in section 6, township 15, range 20, and section 31, 
township 16, range 20; also 80 acres in section 29, township 16, range 20. 

On December 24, 1896, I paid E. C. Willey $10, and also cleared up and put in 
good order a road, for tlie right to change up my lines on the north, in section 1, 
township 15, range 19, and section 6, township 15, range 20. 

On November 30, 1896, I paid J. Thompson and E. C. Thompson $250 for 40 acres 
of land in section 1, township 15, range 19. 

On the 10th day of July, 1897, I paid William Hendricks and Eliza Hendricks $500 
for 200 acres, more or less, formerly known as the Ross place, and located in section 
6, township 15, range 20, and section 31, township 16, range 20. 

About March, 1897, I selected and improved land in sections 25 and 36, township 
16, range 19, consisting of about 340 acres. 

I also purchased at a later date, from a party whose name I do not remember, the 
SE. 5^ of section 36, township 16, range 19, and 80 acres in section 31, township 16, 
range 20. 

On October 31, 1899, I paid Harve and Lucy Bacon $200 for 160 acres of land, being 
the E. J of the SE. J of section 26 and the E. J of the NE. \ of section 35, township 
25, range 16. , 

On February 7, 1900, I bought from John Scruggs, guardian of Lincoln Scruggs, 
240 acres of land, described as follows: SE. 4 of section 21, and the S. 5 of the NE. i 
of section 21, and the S. i of the NW. J of section 21, all in township 24, range 17, 
for which I paid $450. 

On the 20th day of October, 1899, I paid $600 to William Dale for 320 acres of 
land, being the N. i of section 18, township 24, range 17. 

On the 29th day of August, 1899, I paid Lewis and Ella Bibles $1,250 for 750 acres, 



22 MEMOEIAL OF THE DELAWARE INDIANS. 

more or less, being the SW. k of section 14; the S. | of the NW. \ of section 14; lots 
1, 2, 6, 7, and 8 in section 15; S. J of the NE. \; the SE. }; the NE. \ of the SW, J, 
and the S. i of the SW. 1 of section 15; lots 3 and 5 in section 16, all ni township 24, 
range 16. 

On the 15th of September, 1899, I paid C. A. Robinson §750 for the W. J of the 
NW. \- of section 3 and the E. 1 of section 4, both in township 23, range 17. 

On the 22(1 of June, 1899, I paid Henry C. Meigs and Mrs. F. J. Boudinot i?500 for 
560 acres of land, being the NW. I of section 18, township 23, range 15, and the NE. 
\ of section 24, township 23, range 14, and the E. h of the SE. i of section 13, town- 
ship 23, range 14. 

On the 14th of August, 1899, I paid to D. W. and Ruth Rogers $350 for the SE. } 
of section 27 and the S. i of the NE. i of section 27, both in township 24, range 17, 
containing 240 acres. 

On the 17th of August, 1899, I paid John Hildebrand $225 for 200 acres of land, 
being the NE. I of section 35 and the NE. \ of the SE. \ of section 35, township 24, 
range 17. 

On the 21st of August, 1899, I paid H. H. Bird $225 for the SE. i of section 32, 
township 24, range 17. 

On ]March 29, 1899, I paid John R. Mcintosh $1,250 for the NW. i of section 32 
and the N. h of the SW. i of section 32, township 24, range 17, being 240 acres. 



Exhibit 14. 

Commission to the Five Civilized Tribes, 

Muscogee, Ind. T., December S, 1903. 
Dear Sir: In reply to your letter of November 14, there are inclosed herewith 
copies of the allegations made in the matter of applications for allotment of land in 
the Cherokee Nation and in the matter of claims made of land alleged to be improp- 
erly included in what may be termed the Adams & Logan list of lands for segregation 
as Delaware land, concerning the following persons: --'^t^ 

Samuel B. Severs, Daisy D. Byrd, Othie A. Smith, Susan Swan, Perry II. Beeson, 
Homer Billingslea, Sallie Taylor, Henry H. Byrd, Benjamin F. Bryant, Leona Bry- 
ant, Jane Byrd, Sterling Colston, Robert D. Blackstone, Milton K. Thompson. 

These persons are those of whom you made re(iuest, with certain variations in 
name, with respect to which your letter seems to be in error. 

It should be borne in mind that these so-called applications, in so far as they re- 
late to land considered as being in the Delaware segregation, were considered and 
treated by the Commission simply as claims for such lands, as the special notice in 
each case was intended to show. The merits of such claims relate to the correctness 
of the list, and were held for such consideration as might be deemed right and 
proper. They are now receiving attention under instructions of which you are 
informed. 

Respectfully, Tams Bixby, 

Chairman. 
Mr. Richard C. Adams, 

Bond Building, Washington, D. C. 



This is formal notice to you by the Commission that the SW. \ of SE. \ of NW. \ of 
sec. 28, T. 22 N., R 19 E., is euil)raced in the segregation whieh has been made to 
the Delaware Indians who are members of the Cherokee Nation, under the provisions 
of section 23 of the act of Congress approved July 1, 1902, and that you will not be 
allowed this land for yourself until the suit of the Delaware Indians against the 
Cherokei' Nation, now ])ending in the Court of Claims, has been determineil, and 
that a rnial allotment of this land to yourself will not be made at this time. 

I will accept this service of notice. 

Samuel B. Severs. 

ViNiTA, Ind. T., Fehruarji 19, 1903. 
Testimony of Samiel B. Severs in the matter of the application for allotment and 
homestead on the reverse side hereof: 

Q. What is your name? — A. Sanuiel B. Severs. 

Q. What is your post-office address? — Muskogee, Ind. T. 



MEMORIAL OF THE DELAWARE INDIANS. 23 

Q. Were the persons for whom vou make this application hving on the 1st day 
of September, 1902?— A. Yes. 

Q. Have the persons for whom you make this application ever been enrolled or 
recognised as citizens of the Choctaw, Chickasaw, Creek, or Seminole Nations?— A. 
No. 

Q. ilave tlie persons for wliom you make this application received or applied for 
allotments of land in the Choctaw, Chickasaw, Creek, or Seminole Nations? — A. No. 

Q. Are there any improvements on the land you have selected for yourself? — A . Yes. 

Q. What do the improvements consist of? — A. 'Tis pasture prairie, all under fence. 

Q. Who is the owner of these improvements? — A. I am. 

Q. Does anyone else claim this land or any part of it? — A. No. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Q. Are there anv improvements on the land you have selected for Emma Severs? — 
A. Yes. 

Q. What do the improvements consist of? — A. About all in cultivation and inclosed. 

Q. Who is the owner of these improvements? — A. I am. 

Q. Does anyone else claim this land or any part of it? — A. No. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Q. Are there any improvements on the land you have selected for Charles J. 
Severs? — A. Yes. 

Q. What do the improvements consist of? — A. About all in cultivation and inclosed. 

Q. Who is the owner of these improvements? — A. I am. 

Q. Does anyone else claim this land or any part of it? — A. No. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Q. Is that portion of the land which you have designated as a homestead suitable 
for a home? — A. Yes. 

Samuel B. Severs. 
Indian Territory, Northern District: 

I, the undersigned, a notary public in and for said district, do certify that the fore- 
going statements of Samuel B. Severs were reduced to writing in his presence and 
were read to and subscribed by him in my presence at the time and place and in the 
matter mentioned in the caption, he having been first sworn by me that the testi- 
mony he should give in the matter should be the truth, the whole truth, and nothing 
but the truth. 

Given under my hand and official seal this 19th day of February, 1903. 

Samuel Foreman, Notary Pvhlir. 



This is formal notice to you by the Commission that the SE. \ of NW. \ and E. J 
of SW. i of NW. \ of sec. 32, T. 24, R. 17, is embraced in the segregation which has 
been made to the Delaware Indians who are members of the Cherokee Nation, under 
the provisions of section 23 of the act of Congress approved July 1 , 1902, and that 
you will not be allowed this land for yourself until the suit of the Delaware Indians 
against the Cherokee Nation, now pending, has been determined, and that a final 
allotment of this land to yourself will not be made at this time. 

I will accept this service of notice. 

Daisy D. Byrd. 

ViNiTA, Ind. T., March 27, 1903. 
Testimony of Daisy D. Byrd in the matter of tlie application for allotment and 
homestead on the reverse side hereof: ' 

Q, What is your name? — A. Daisy D. Byrd. 

Q. What is your post-office address? — A. Chelsea, Ind. T. 

Q. Has the person for whom you make this application ever been enrolled or 
recognized as a citizen of the Choctaw, Chickasaw, Creek, or Seminole nations? — A. 
No. 

Q. Has the person for whom you make this application received or applied for an 
allotment of land in the Choctaw, Chickasaw, Creek, or Seminole nations? — A. No. 

Q. Are there any improvements on the land you have selected for yourself? — A. 
Yes. 

Q. What do the improvements consist of? — A. About 30 acres in cultivation; the 
rest prairie land, all inclosed with other land. 

Q. Who is the owner of these improvements? — A. A. J. Blackwell. 

Q. Have you obtained permission of A. J. Blackwell to select the land on which 
his improvements are located? — A. No. 



24 



MEMORIAL OF THE DELAWARE INDIANS. 



Q. Doe.s anyone elne claim this land or any part of it? — A. No. 
Q. Is that [)ortion of the land which you have designated as a homestead suitable 
for a home? — A. Yes. 

Daisy D. Byrd. 

Indian Tekhitoky, Nurlhern District. 

I, the undersigned, a notary pul)hc in and for said district, do certify that the fore- 
going statements of Daisy D. Byrd were reduced to ^vriting in her presence and were 
read to and subscribed by her in my presence at the time and place and in the mat- 
ter mentioned in the caption, she having been first sworn by me that the testimony 
she should give in the matter should be the truth, the whole truth, and nothing but 
the truth. 

Given under my hand and official seal this 27th day of March, 1903. 

Samuel Foreman, Notari/ Public. 

I, Daisy D. Byrd, do hereby make application to have set apart to me, and to those 
whom I lawfully represent, lands selected by me, as follows: 



d 
1 


Name. 


Subdivision of— 


1 d 
lio 


6 
bit 

c 


2 
< 




Homestead. 






0^ 
1 


1 
-15 


d 
> 


24963 


Daisy D. Byrd . . 


fE. i of SE. A of 

1 NW. iof 

IsW.iof SE.iof 
[ NW. iof 


32 2-1 
32' 24 


17 
17 


20 
10 


p20.00 


fNW. i of SE. i 

1 of NW. i 

Ie. iof SW.iof 
I N\V. i 


32 24 
32 24 


17 
17 


^*^| bl20. 00 
20J 



I, Daisy D. Byrd, do solemnly swear that I have in person actually been ujion the 
lands so selected by me for myself and f< ir th( )se whom I represent, as above described, 
and am fully informed as to the location of the same and the character of the soil, 
and that I have in good faith selected such lands and will accept the same in allot- 
ment for myself and for those whom I represent, and that no part of said lands is 
lawfully held l)y any other citizen of the Cherokee Nation. 

Daisy D. Byrd. 

Subscribed and sworn to before me at Vinita, Ind. T., this 27th day of March, 
A. D. 1903. 

[seal.] Samuel Foreman, Xotdri/ fuhlic. 



This is formal notice to you by the Commission that the SW. | of SE. \ of NE. ] 
of sec. 22, T. 22, R. 22, is embraced in the segregation which has been made to the 
Delaware Indians who are members of theX'lierokee Nation, under the provisions of 
section 23 of the act of Congress approved July 1, 1902, and that you will not be 
allowed this land for Florence Smith until the suit of the Delaware Indians against 
the Cherokee Nation, now ])ending in the Court of Claims, has been determined, 
and that a final allotment of this land to Florence Smith will not l)e made at tliis 
time. 

I will accept this service of notice. 

Othie a. S.mith. 



Testimony of Otiiie A. Smith in the 
homestead on the reverse side hereof: 



V'iNiTA, Ind. T., MtorJi ;>*,;, 1903. 
matter of the application for allotment and 



Q. What is your name? — A. Othie A. Smith. 

Q. What is your post-office address? — A. Fairland. 

Q. Was the person for whom vou make this application liying on the 1st dav of 
September, 1902?— A. Yes. 

Q. Has the iKM-son for whom you make this ap])lication ever Ijeen enrolled or rec- 
ognized as a citizen of the Choctaw, Chickasaw, C'reek, or Seminole Nation? — A. No. 

(}. Has the per.«on for whom you make this ai)i)licatioii received or apjilied for an 
allotment of land in the Choctaw, Chickasaw, Creek, or Seminole Nation? — A. No. 

Q. Are there anv improvements on the land vou have selected for Florence 
Smitli?— A. Yes. 



MEMOKIAL OF THE DELAWARE INDIANS. 25 

Q. What do the improvements consist of? — A. A part}' fence incloses section 22. 

Q. Who is the owner of these improvements? — A. jNIyself, I. James, P. Beeson, 
and G. James, all of Fairland. 

Q. Have you obtained permission of I. James, P. Beeson, and G. James to select 
the land on which their improvements are located? — A. Yes. 

Q. Does anyone else claim this land or any part of it? — A. Milton K. Thompson 
has filed on it. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Othie a. Smith. 

Indian Territory, Northern District: 

I, the undersigned, a notary public in and for said district, do certify that the fore- 
going statements of Othie A. Smith were reduced to writing in his presence and were 
read to and subscribed by him in my presence at the time and place and in the mat- 
ter mentioned in the caption, he having been first sworn by me that the testimony 
he should give in the matter should be the truth, the whole truth, and nothing but 
the truth. 

Given under my hand and official seal this 25th day of INIarch, 1903. 

Samuel Fore.man, Xotary Public. 



This is formal notice to you bv the Commission that the N. h of SE. J of NE. I 
and SE. \ of SE. i of NE. f of sec. 22, T. 22 N., E. 22 E. is embraced in the segrega- 
tion which has been made to the Delaware Indians, who are members of the Chero- 
kee Nation, under the provisions of section 23 of the act of Congress approved July 
1, 1902, and that you will not be allowed this land for yourself until the suit of the 
Delaware Indians' against the Cherokee Nation now pending has been determined, 
and that a final allotment of this land to yourself will not be made at this time. 

I will accept this service of notice. 

Othie A. Smith. 

Vinita, Ind. T., March 25, 1903. 

Testimony of Othie A. Smith in the matter of the application for allotment and 
homestead on the reverse side hereof. 

Q. What is your name? — A. Othie A. Smith. 

Q. What is your post-office address? — A. Fairland. 

Q. Have you ever been enrolled or recognized as a citizen of the Choctaw, Chick- 
asaw, Creek, or Seminole Nation? — A. No. 

Q. Have you received or applied for an allotment of land in the Choctaw, Chick- 
asaw, Creek, or Seminole Nation? — A. No. 

Q. Are there any improvements on the land you have selected for yourself? — A. 
Yes. 

Q. What do the improvements consist of? — A. Fenced on east side and partly 
fenced on west side — section 22 is inclosed by a party fence. 

Q. Who is the owner of these improvements?— A. Myself, except the boundary 
fence, in which I. James, P. Beeson, and G. James, of Fairland, are part owners. 

Q. Have you obtained permission of I. James, P. Beeson, and G. James to select 
the land on which their improvements are located? — A. Yes. 

Q. Does anyone else claim this land or any part of it? — A. Milton K. Thompson 
has filed on it. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Othie A. Smith. 

Indian Territory, Northern District: 

I, the undersigned, a notary public in and for said district, do certify that the fore- 
going statements of Othie A. Smith were reduced to writing in his presence and 
were read to and subscribed by him in my presence at the time and i)lace and in the 
matter mentioned in the caption, he having been first sworn by me that the testimony 
he should give in the matter should be the truth, the whole truth, and nothing but 
the truth. 

Given under my hand and ofiicial seal this 25th day of March, 1903. 

Samuel Foreman, 

Notary Public. 



26 MEMORIAL OF THE DELAWARE INDIANS. 

This is formal notice to you by the Commission that the NW. 4^ of SW. \ of NE. } 
of sec. 27, T. 24, R. 17, is embraced in the segregation which has been made to the 
Delaware Indians who are members of the Cherokee Nation, under the provisions of 
section 23 of the act of Congress approved July 1, 1902, and tliat you will not be 
allowed this land for yourself until the suit of the Delaware Indians against the 
Ciierokee Nation, now pending in the Court of Claims, has been determined, and 
that a final allotment of this land to yourself will not be made at this time. 

I will accept this service of notice. 

Susan (her x mark) Swan. 
Witness: W. S. D. Moore. 

VixiTA, Ind. T., March 18, 1903 

Samuel Foreman, interpreter. 

Testimony of Susan Swan in the matter of tlie application for allotment and home- 
stead on the reverse side hereof: 

Q. What is your name? — A. Susan Swan. 

Q. What is your post-office address? — A. Foyil, Ind. T. 

Q. Have you ever been enrolled or recognized as a citizen of the Chocfciw, Chick- 
asaw, Creek, or Seminole Nation? — A. No. 

(.\. Have you received or applied for an allotment of land in the Choctaw, Chick- 
asaw, Creek, or Seminole Nation? — A. No. 

Q. Are their any improvements on the land vou have selected for vourself? — A. 
Yes. 

Q. What do the improvements consist of? — A. All in cultivation and under fence. 

Q. Who is the owner of these improvements? — A. I am. 

Q. Does any one else claim this land or any part of it? — A. No. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Susan (her x mark) Swan. 

Witnesses to mark: 
W. S. D. Moore, 
Thomas J. Farrak. 

Indian Territory, Northern District: 

I, the undersigned, a notary pul)lic in and for said district, do certify that the fore- 
going statements of Susan Swan were reduced to writing in her presence and were 
read to and subscril)ed by her in my jjresence at the time and place and in the mat- 
ter mentioned in the caption, she having been first sworn by me that the testimony 
she sliould give in the matter should be the truth, the whole truth, and nothing but 
the truth. 

Cnven under my hand and official seal this LSth day of March, 1903. 

Samuel Foreman, Notary Public. 



This is a formal notice to you by the Commission that the SW.i of SW.J of NW.^ 
of sec. 22, T. 22, N. R. 22 E. is endjraced in the segregation which has been made to 
the Delaware Indians who are members of the Cherokee Nation, under the provisions 
of section 23 of the act of Congress approved July 1, 1902, and that you will not be 
allowed this land for yourself until the suit of the Delaware Indians against the Chero- 
kee Nation, now pending, has been determined, and that a final allotment of this 
land to you will not be made at this time. 

I will accept this service of notice. 

Perry H. Beeson. 

YiNiTA, Ind. T., Mardi 14, 1903. 

Testimony of Perky H. Beeson in the matter of the application for allotment and 
homestead on the reverse side hereof: 

Q. What is your name? — A. Perry H. Beeson. 

Q. What is your post-office address? — A. Fairland, Ind. T. 

Q. Have you ever been enrolled or recognized as a citizen of the Choctaw, Chicka- 
saw, Creek, or Seminole Nation? — A. No. 

Q. Have you received or api)lied for an allotment of land in the Choctaw, Chicka- 
saw, Creek, or Seminole Nation? — A. No. 

Q. Are there anv improvements on the land vou have selected for vourself? — A. 
Yes. 



MEMORIAL OF THE DELAWARE INDIANS, 27 

Q. What do the improvements consist of? — A. Entire tract under fence. 

Q. Who is the owner of these improvements? — A. I am. 

Q. Does anyone else claim this land or any part of it? — A. Yes; I understand that 
Sterling Colston has filed on this tract. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Perry H. Beeson. 
Indian Territory, Northern Distrtcl: 

I, the undersigned, a notary public in and for said district, do certify that the fore- 
going statements of Perry H. Beeson were reduced to writing in his presence and 
were read to and subscribed by him in my presence at the time and place and in the 
matter mentioned in the caption, he having been first sworn by me that the testi- 
mony he should give in the matter should be the truth, the whole truth, and nothing 
but the truth. 

Given under my hand and oflScial seal this 14th day of March, 1903. 

Samuel Foreman, Notary Public. 



i 
This is formal notice to you bv the Commission that the N. i of NW. -]-, SE. \ o 
NW. i, N. A of SW. i of NW. i,"and SE. i of SW. i of NW. i, all in sec. 22, T. 22 
N., R. 22 E., is embraced in the segregation which has been made to the Delaware 
Indians who are members of the Cherokee Nation under the provisions of section 23 
of the act of Congress a^jproved July 1, 1902, and that you wall not be allowed this 
land for yourself until the suit of the Delaware Indians against the Cherokee Nation 
now pending has been determined, and that a final allotment of this land to you will 
not be made at this time. 
I will accept this service of notice. 

Perry H. Beeson. 

ViNiTA, Ind. T., March 14, 1903. 

Testimony of Perry H. Beeson in the matter of the application for allotment and 
homestead on the reverse side hereof: 

Q. What is your name? — A. Perry H. Beeson. 

Q. What is your post-office a<ldress? — A. Fairland, Ind. T. 

Q. Have you ever been enrolled or recognized as a citizen of tlie Choctaw, Chicka- 
saw, Creek, or Seminole Nation? — A. No. 

Q. Have you received or applied for an allotment of land in the Choctaw, Chicka- 
saw, Creek, or Seminole Nation? — A. No. 

Q. Are there any improvements on the land you have selected for vourself? — A. 
Yes. 

Q. What do the improvements consist of? — A. Entire tract timbered land all under 
fence. I understand that a syndicate erected a 10 by 12 shack with no door, no 
windows, nor anything resembling a dwelling. This shack was erected about three 
or four years ago. 

Q. Who is the owner of these improvements? — -A. I am the owner of the fence, 
but can not say who owns the shack. 

Q. Does anyone else claim this land or any part of it? — A. Yes; I understand that 
Milton K. Thompson has filed on this tract. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Perry H. Beeson. 

Indian Territory, Northern District. 

I, the undersigned, a notary pul)lic in and for said district, do certify that the 
foregoing statements of Perry H. Beeson were reduced to writing in his presence 
and were read to and subscribed by him in my presence at the time and place and 
in the matter mentioned in the caption, he having been first sworn by me that the 
testimony he should give in the matter should be the trutli, the whole truth, and 
nothing but the truth. 

Given under my hand and official seal this 14th day of March, 1903. 

Samuel Foreman, Notari/ Public. 



This is formal notice to you by the Commission that the E. 5 of NW. \ of sec. 9, T. 
23 N., R. 19 E., is embraced in the segregation which has been made to the Delaware 
Indians W'ho are members of the Cherokee Nation, under the provisions of section 



28 MEMORIAL OF THE DELAWARE INDIANS. 

23 of the act of CongresfJ, approved July 1, 1902, and tliat you will not be allowed 
this land for Houier Billingslea until the .suit of the Delaware ludians against the 
Cherokee Nation, now ]iending in the Court of Claims, has been determined, and 
that a final allotment of this land to Homer Billingslea will not be made at this time. 
I will accept this service of notice. 

Mack Billingslea. 

ViNiTA, Ind. T., Marr]i 3, 1903. 

Testimony of Mack Billingslea in the matter of the application for allotment and 
homestead on the reverse side hereof: 

Q. What is your name? — A. Mack Billingslea. 

Q. What is your post-oflice address? — A. Vinita, Ind. T. 

Q. Was the person for whom you make this application living on the 1st day of 
September, 1902?— A. Yes. 

Q. Has the person for whom you make this application ever been enrolled or 
recognized as a citizen of the Choctaw, Chickasaw, Creek, or Seminole Nation? — A. 
No. 

Q. Has the person for whom you make this application received or applied for an 
allotment of land in the Choctaw, Chickasaw, Creek, or Seminole Nation? — A. No. 

Q. Are there any improvements on the land you have selected for Homer Bil- 
lingslea? — A. Yes. 

Q. What do the improvements consist of? — ^A. About 45 acres of meadow, all 
inclosed; 20 acres of cultivated land and 15 acres of prairie pasture, not inclosed. 

il. Who is the owner of these improvements? — A. I am, except the cultivated 
land, which F. B. Fife claims. 

Q. Have you obtained permission of F. B. Fite to select the land on which his 
improvements are located? — ^A. No. 

Q. Does anyone else claim this land or any part of it? — A. Yes; F. B. Fite claims 
about 35 acres. 

Q. Are there any churches, schoolhouses or burial grounds on this land?— A. No. 

Q. Is that portion of the land which you have designated as a homestead suitable 
for a home? — A. Yes. 

Mack Billingslea. 

Indian Territoky, Northern District: 

I, the undersigned, a notary public in an<l for said district, do certify that the fore- 
going statements of Mack Billingslea were reduced to writing in his presence and 
were read to and subscribed 1)y him in my presence at the time and place and in the 
matter mentioned in the caption, he having been first sworn by me that the testi- 
mony he should give in the matter should be the truth, the whole truth, and nothing 
but the truth. 

Given under my hand and official seal this 3d day of March, 1903. 

Samuel Foreman, Noftiri/ Puhlir. 



This is formal notice to you by the Commission that the S. I of SE. i of 27-24-17 
is embraced in the segregation, w hich has l)een made to the Delaware Indians w ho 
are members of the Cherokee Nation, under the provisions of section 23 of the act of 
Congress, apjiroved July 1, 1902, and that you will not be allowed this land for your 
child Sallie until the suit of the Delaware Indians against the Cherokee Nation, now 
pending in the Court of Claims, has been determined, and that a final allotment of 
this land to your child Sallie will not be made at this time. 

I will accept this service of notice. 

Laura (her x mark) Taylor. 

Witness: C. E. Webster. 

Vinita, Ind. T., February 26, 1903. 

Testimony of Laura Taylor in the matter of the application for allotment and 
homestead on the reverse side hereof: 

Q. What is your name?— A. Laura Taylor. 

Q. What is your po.«t-omce address?— A. Chelsea, Ind. T. 

Q. Was the person for whom vou make this application living on the l.«t day of 
September, 1902?— A. Yes. 

Q. Has the person for whom you make this application ever been enrolled or rec- 
ognized as a citizen of the Clioctaw, Chickasaw, Creek, or Seminole Nation? — A. No. 



MEMOEIAL OF THE DELAWARE INDIANS. 29 

Q. Has the person for whom you make this application received or applied for an 
allotment of land in the Choctaw, Chickasaw, Creek, or Seminole Nation? — A. No. 

Q. Are there anv improvements on the land you have selected for your daughter 
Sallie?— A. Yes. 

Q. What do the improvements consist of? — A. Fencing and 15 acres under culti- 
vation; all fenced, inclosing field and pasture prairie. 

Q. Who is the owner of these improvements? — A. I am. 

Q. Does anyone else claim this land or any part of it? — A. No. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No. 

Q. Is that portion of the land which you have designated as a homestead suitable 
for a home? — A. Yes. 

Laura (her x mark) Taylor. 

Witnesses to mark: 
Chas. E. Webster. 
Thomas J. Farrar. 

Indian Territory, Norther)) District: 

I, the undersigned, a notary public in and for said district, do certify that the fore- 
going statements of Laura Taylor were reduced to writing in her presence and were 
read to and subscribed by her in my presence at the time and place and in the mat- 
ter mentioned in the caption, she having been first sworn by me that the testimony 
she should give in the matter should be the truth, the whole truth, and nothing but 
the truth. 

Given under my hand and official seal this 26th day of February, 1903. 

Samuel Foreman, Notary Public. 



ViNiTA, Ind. T., Januanj 20, 1903. 
In the matter of the application of Henry H. Byrd to take an allotment of land and 
designate a homestead in the Cherokee Nation for himself, accompanied by a 
proper description of the land applied for and a certificate showing that he has 
been listed for enrollment as a citizen of said nation. 

Henry H. Byrd, being first duly sworn by Samuel Foreman, notary public, testi- 
fied as follows: 

Examination by the Commission: 

Q. What is your name? — A. Henry H. Byrd. 

Q. What is your post-office address? — A. Chelsea, Ind. T. 

Q. Are you a citizen of the Cherokee Nation? — A. Yes, sir. 

Q. For whom do you make application for allotment? — A. Myself. 

Q. Have you, or anyone else for you, ever before this date made application to be 
enrolled as a citizen of any other Indian nation? — A. No, sir. 

Q. Have you, or anyone else for you, ever before this date made application to file 
on any land" in the Cherokee Nation or any other Indian nation? — A. No, sir. 

Q. Have you been out of the Indian Territory in the last five years?— A. No, sir. 

Q. Do you own a home in the Cherokee Nation?— A. Yes, sir; I have a home on 
the land I am selecting as my little girl's allotment, which is near the land embraced 
in this application. 

Q. You make selection for yourself for the N. * of NW. \ of SW. \ and SE. \ of 
NW. \ of SW. \ and SW. \ of SW. \ of NW. \ of sec. 32, T. 24 N., R. 17 E., contain- 
ing 40 acres, and valued at $160, and select as vour homestead the SW. \ of NW. \ 
of SW. \ of sec. 32, T. 24 N., R. 17 E., containing 10 acres, and valued at $40; is 
that correct? — A. Yes, sir. 

Q. Are there any improvements on this land?- A. I had a one-wire fence around 
the NW. i of SW. \ of sec. 32, but A. J. Blackwell, I understand, tore down a part 
of it. 

Q. Does anvone else claim this land or any part of it?— A. A. J. Blackwell, a white 
man, claims it all, but I do not know what grounds he has for claiming it. I fenced 
the land before Christmas some time. 

Q. Has anyone else any improvements on it? — A. A. J. Blackwell' s fence cuts off 
al)out a quarter of an acre of the NE. co^^ner of the 40 acres in SW. \ of sec. 32. 

Q. Have you been over and examined this land with a view to making this appli- 
cation for it? — A. Yes, sir. 

Q. Is the land suitable for a home? — A. Yes, sir. 



30 MEMORIAL OF THE DELAWARE INDIANS. 

Q. Are there any churches, schoolhouses or burial grounds on these lands? — A. 
No, sir. 

Q. Do you accept these lands as a part of your final allotment in the Cherokee 
Natioi'\7 — A. Yes, sir. 

Q. Have you made this selection in good faith in all respects? — A. Yes, sir. 

This is formal notice to you bv the Comnnssion that the N W. I of SVV. J of sec. 32, 
and the SAV. \ of SW. -} of NW. i of sec. 32, T. 24 N., R. 17 E., is embraced in the 
segregation which has been made to the Delaware Indians who are members of the 
Cherokee Nation, under the provisions of section 23 of the act of Congress approved 
July 1, 1902, and that you will not be allowed this land until the suit of the Delaware 
Indians against the Cherokee Nation, now jiending in the Court of Claims, has been 
determined, and that a final allotment of this land to you will not be made at this 
time. 

Hexry H. Bvrd. 

Subscribed and sworn to before me this 20th dav of January, A. D. 1903, at Vinita, 
Ind. T. 

[seal.] Samuel Foreman, Notary I'nhUc. 



Vinita, Inu. T., Jaimary S, 1903. 
In the matter of the application of Benjamin F. Bryant to take allotments of land 
for himself and child, Leona Bryant, accompanied by a proper description of the 
land applied for and a certificate showing that they have been listed for enroll- 
ment as citizens of said nation. 

Benjamin F. Bryant, being first duly sworn by Samuel Foreman, notary public, 
testified as follows: 

Examination by the Commission: 

Q. What is your name? — A. Benjamin F. Bryant. 

Q. What is your post-office address?- — A. Siloam Springs, Ark. 

Q. Are you a citizen of the Cherokee Nation? — A. Yes, sir. 

Q. For whom do you make application for allotment? — A. Myself and child. 

Q. What is the name of your child?— A. Leona Bryant. 

Q. Was your daughter alive on the 1st day of September, 1902? — A. Yes, sir. 

Q. Is she alive and living with you at this time? — A. Yes, sir. 

Q. Have you ever before this date made application for yourself or for your 
daughter to be enrolled as citizens of any other Indian nation? — A. No, sir. 

Q. Have you ever before this date made application for yourself or for your 
daughter to file on any land in the Cherokee Nation or any other Indian nation? — 
A. No, sir. 

Q. Have you or your daughter been out of the Indian Territory in the last five 
years? — A. No, sir; only in the State of Arkansas on matters of business; never lived 
out. 

Q. Do you or vour daughter own homes in the Cherokee Nation? — A. Yes, sir; 
I do. 

Q. You make application for the E. h of SE. \ of NE. \ of sec. 20, T. 23 N., R. 19 E., 
containing 20 acres, and valued at $100; is that correct? — A. Yes, sir; for myself. 

Q. Are there any improvements on this land? — A. Yes. It is under fence, and is 
a meadow. 

Q. Does anyone else claim this land or any part of it? — A. Not that I know of. 

Q. Has anyone else improvements on it? — A. No, sir. 

Q. Have you been over and examined this land with a view to making this a])pli- 
cation for it? — A. Yes, sir. 

Q. Is the land suitable for a home? — A. Yes, sir. 

Q. You make application for your daughter Leona for the W. h of SE. \ of NE. \ 
of sec. 20, T. 23 N., R. 19 E., containing 20 acres, and valued at $100; is that correct?— 
A. Yes, sir. 

Q. Are there any improvements on this land?— A. It is under fence, and about 20 
acres under cultivation. 

(I. Does anyone else claim this land or any part of it? — A. N(5t that I have any 
idea of. 

Q. Has anyone else any improvements on^t? — A. No, sir. 

(2. Have you been over and examined this land with a view to making this appli- 
cation for it? — A. Yes, sir. 

(2. Is the land suitable for a home? — A. Yes, sir. 



MEMORIAL OF THE DELAWARE INDIANS. 31 

Q. Are there any churches, schoolhouses, or burial grounds on any of these lands 
applied for? — A. No, sir. 

Q. Do you accept these lands in part as the final allotments of yourself and child 
in the Cherokee Nation? — A. Yes, sir. 

Q. Have you made this selection in good faith in all respects? — A. Yes, sir. 

This is formal notice to vou bv the Commission that the E. i of SE. ^ of NE. ^ of 
sec. 20, T. 23 N., R. 19 E., 20 acres, and the W. A of SE. i of NE.'i of sec. 20, T. 23 N., 
R. 19 E., 20 acres, is embraced in the segregation which has been made to the Dela- 
ware Indians who are members of the Cherokee Nation, under the provisions of 
section 23 of the act of Congress approved July 1, 1902, and that you will not be 
allowed this land for yourself and your daughter, Leona Bryant, until the suit of the 
Delaware Indians against the Cherokee Nation, now pending in the Court of Claims, 
has been determined. 

Benjamin F. Bryant. 

Subscribed and sworn to before me this 8th dav of January, A. D. 1903, at Vinita, 
Ind. T. 

[seal.] Samuel Foreman, Xotary Public. 



Vinita, Ind. T., January 5, 1903. 
In the matter of the application of Edward Byrd to take an allotment of land and 
designate a homestead in the Cherokee Nation for his wife, Jane Byrd, accompa- 
nied by a proper description of the land applied for and a certificate showing that 
she has been listed for enrollment as a citizen of said nation. 

Edward Byrd, being first duly sworn by Samuel Foreman, notary public, testified 
as follows: 

Examination by the Commission: 

Q. What is your name? — A. Edward Byrd. 

Q. What is your post-oftice address? — A. Chelsea. 

Q. Are you a citizen of the Cherokee Nation? — A. Certainly. 

Q. For whom do you make application for allotment? — A. Jane Byrd, a Cherokee 
by blood. 

Q. Are you married? — A. Yes, sir. 

Q. What is the name of your wife? — A. Jane Byi'd. 

Q. Is she a citizen of the Cherokee Nation? — A. Yes, sir. 

Q. Was she alive on the 1st day of September, 1902? — A. Yes, sir. 

Q. Is she living with you at this time? — A. Yes, sir. 

Q. Hav^e you, or anyone else, ever before this date made application for your wife 
to be enrolled as a citizen of any other Indian nation?— A. No. 

Q. Have you, or anyone else, ever before this date made application for your wife 
to file on any land in the Cherokee Nation or any other Indian nation? — A. No, sir. 

Q. Has your wife been out of the Indian Territory in the past five years? — A. Yes; 
she has been out for her health; she has the asthma. She was in Oklahoma for 
about six weeks, but never made her home there. 

Q. Does she own a home in the Cherokee Nation? — A. Yes, sir. 

Q. You make application for your wife for the E. h of NPL \ of NW. \ of sec. 32, 
T. 24 N., R. 17 E., containing 20 acres, and valued at $60, and select as her home- 
stead the E. J of NW. \ of NW. \ and W. ^ of NE. i of NW \ of sec. 32, T. 24 N., 
R. 17 E., containing 40 acres, and valued at $120; is that correct? — A. Yes, sir. 

Q. Are there any improvements on this land? — A. Yes, sir. 

Q. Where are they located? — A. On the piece that I selected for her homestead. 

Q. Is there a house on it? — A. Yes, sir. 

Q. Who lives in the house? — A. A man by the name of Jim Cross lives there. 

Q. Does he live there under contract with you? — A. Yes, sir; under contract with 
me. There is a corral and stable, a well on it. 

Q. How many acres of this land are under cultivation? — A. Five or 6 acres. 

Q. Is the improved land fenced? — A. Yes; it is fenced. 

Q. Does anyone else claim this land or any part of it? — A. There is no one claims 
it that I know of. 

Q. Has anyone else improvements on it? — A. John IMcIntosh; his field rims over 
in there about 2 acres on this allotment. 

Q. Have you been over and examined this land with a view to making this appli- 
cation for it? — A. Yes, sir. 



82 MEMORIAL OF THE DELAWARE INDIANS. 

Q. Are thej'e any chun'lies, Hchoolhouses, or l)urial grounds on these lands? — A. 
No, sir. 

Q. Is the land suitable for a home? — A. Yes, sir. 

Q. Do you accept these lands as your wife's final allotment in the Cherokee 
Nation? — A. Yes, sir. 

Q. Have you made this selection in good faith in all respects? — A. Yes, sir. 

This is formal notice to you bv tlie Commission that the E. h of NE. {- of NW. k of 
sec. 32, T. 24 N., R. 17 E., containing 20 acres, and the E. i of NW. i of NW. J, and 
W. J of NI]. \ of NW. i of sec. 32, T. 24 N., R. 17 E., containing 40 acres, is embraced 
in the segregation which has been made to the Delaware Indians who are members 
of the Cherokee Nation, under the provisions of section 23 of the act of Congress 
approved July 1, 1902, and that you will not be allowed this land for your wife, Jane 
Byrd, until the suit of the Delaware Indians against the Cherokee Nation, now pend- 
ing in the Court of Claims, has been determined. 

P]d\vard Byrd. 

Subscribed and sworn to before me tliis 5th dav of January, A. D. 1903, at Vinita, 
Ind. T. 

[seal.] Samuel Foreman, Xotar;/ Public. 



Vinita, Ind. T., Jannarji 5, 1903. 
In the matter of the apiiHcation of Sterling Colston to take an allotment of land in 
the Cherokee Nation for himself, accompanied by a proper description of the land 
applied for, and a certificate showing that he has been listed for enrollment as a 
citizen of said nation. 

Sterling Colston, being first duly sworn by Samuel Foreman, notary public, tes- 
tified as follows: 

Examination by the Commission: 

Q. What is your name? — A. Sterling Colston. 

Q. What is your post-office address? — A. Vinita, Ind. T. 

Q. Are you a citizen of the Cherokee Nation? — A. Yes, sir. 

Q. For whom do you make application for allotment? — A. For myself. 

Q. Have you ever before this date made application to be enrolled as a citizen of 
any other Indian nation? — A. No, sir. 

Q. Have you ever before this date made application to file on any land in the 
Cherokee Nation or any other Indian nation? — A. No, sir. 

Q. Have you been out of tlie Indian Territory in the last five years? — A. No, sir. 

Q. Do you own a home in the Cherokee Nation? — A. Yes, sir; I have a home on 
the land I am selecting as my allotment. 

Q. You make application for the E. h of sec. 21, T. 22 N., R. 22 E., containing 320 
acres, and valued at $160, and the SW. \ of SW. 1 of NAV. \ of sec. 22, T. 22 N., 
R. 22 E., containing 10 acres, and valued at $5; is that correct? — A Yes, sir. 

Q. Are there any improvements on this land? — A. Y''es, sir; there is a house and 
barn, which is, I think, on the SE. \ of NE. \ of sec. 21. The entire tract is inclosed, 
and there are about 8 or 9 acres under cultivation. 

Q. Who lives in the house? — A. No one, just now. 

(i. Does anyone else claim this land, or any i)art of it? — A. No; not that I know of. 

<i. lias anyone else any improvements on it? — A. No, sir. 

(2. Have you been over and examined this land with a view to making this appli- 
cation for it? — A. Yes, sir. 

Q. Are there any churches, schoolhouses. or burial grounds on this land? — A. No, 
sir. 

Q. Is the land suitable for a home? — A. Yes, sir. 

(4- Do you accept these lands as your final allotment in the Cherokee Nation? — A. 
Yes, sir. 

Q. Have you made this selection in good faith in all respects? — A. Yes, sir. 

This is formal notice to vou bv the Commission that the E i of sec. 21, and the 
SW. 1 of SW. 1 of NW. ', of sec". 22, all in T. 22 N., R. 22 E.,'is embraced in the 
segregation which has been made to the Delaware Indians who are members of 
the Cherokee Nation, under the jn-ovisions of section 23 of the act of Congress 
approved July 1, 1902, and that you will not be allowed this land until the suit of 



MEMOEIAL OF THE DELAWAEE INDIANS. 33 

the Delaware Indians against the Cherokee Nation, now pending in the Court of 
Claims, has been determined. 

Sterling Colston. 

Subscribed and sworn to before me this 5th day of January, A. D. 1903, at Vinita, 
Ind. T. . yr , , 

[seal.] Samuel Foreman, Notary Public. 



Vinita, Ind. T., January 5, 1903. 
In the matter of the application of Robert D. Blackstone, to designate a homestead 
in the Cherokee Nation for himself, accompanied by a proper description of the 
land applied for, and a certificate showing that he has iDeen listed for enrollment 
as a citizen of said nation. 

Robert D. Blackstone, being duly sworn by Samuel Foreman, notary public, 
testified as follows: 

Examination by the Commission: 

Q. What is your name? — ^A. Robert D. Blackstone. 

Q. What is your post-office address? — A. Muskogee, Ind. T. 

Q. Are you a citizen of the Cherokee Nation? — A. Yes, sir. 

Q. For whom do you make application for a homestead? — A. For myself. 

Q. Have you ever before this date made application for yourself to be enrolled as 
a citizen of any other Indian nation? — A. No, sir. 

Q. Have you ever before this date made ai^plication for yourself to file on any land 
in the Cherokee Nation, or any other Indian nation? — A. No, sir. 

Q. Have you been out of the Indian Territory in the last five years? — A. Yes, sir; 
on business merely; I have never been out on those trips for a longer period than 
thirty days. 

Q. Do you own a home in the Cherokee Nation? — A. Yes, sir. 

Q. You make application for and designate as your homestead the SW. \ and W. I 
of SE. \ of sec. 22, T. 22 N., R. 22 E., containing 240 acres, and valued at fl20; is 
that correct? — A. Yes, sir; that is correct. 

Q. Are there any improvements on this tract of land? — A. Yes, sir; there's a 
house on it, and the whole tract is under fence. 

Q. Who lives in the house? — A. No one. 

Q. How many acres of this land are under cultivation? — A. None of it. 

Q. Does anyone else claim this land or any part of it? — A. This is a part of the 
land segregated for the Delawares; otherwise no one claims it. 

Q. Has anyone else improvements on it? — A. No, sir. 

Q. Have you l^een over and examined this land with a view to making this 
application for it? — A. Yes, sir. 

Q. Are there any churches, schoolhouses, or burial grounds on this land? — A. No, 
sir. 

Q. Is the land suitable for a home? — A. Yes, sir. 

Q. Do you accept this land as your final allotment as a homestead in the Cherokee 
Nation?— A. I do. 

Q. Have you made this selection in good faith in all respects? — A. Yes, sir. 

This is formal notice to you, by the Commission, that the SW. ]- and W. J of SE. \ 
of sec. 22, T. 22 N., R. 22 E., containing 240 acres, is embraced in the segregation 
which has been made to the Delaware Indians who are members of the Cherokee 
Nation, under the provisions of section 23 of the act of Congress, approved July 1, 
1902, and that you will not be allowed this land until the suit of the Delaware 
Indians against the Cherokee Nation, now pending in the Court of Claims, has been 
determined. 

Robert D. Blackstone. 

Subscribed and sworn to before me this 5th day of January, A. D. 1903, at Yinita, 
Ind. T. 

[seal.] Samuel Foreman, Notary Public. 

S. Doe. 58 3 



34 MEMORIAL OF THE DELAWARE INDIANS. 

ViNiTA, Ind. T., Januarys, 1903. 
In the matter of tlie api)licati()n oi ]Milton K. Thompson to take an allotment in the 
Cherokee Nation for himself, accompanied by a proper description of the land 
applieil for and a certificate sliowing that he has been listed for enrollment as a 
citizen of said nation. 

]NJiLTON K. Thompson, being first dnly sworn by Samnel Foreman, notary public, 
testified as follows: 

Examination by the Commission: 

Q. AVhat is your name? — A. Milton K. Thomjison. 

Q. What is your post-ofiice address? — A. Muskogee. 

Q. Are you a citizen of the Cherokee Nation? — A. Yes, sir. 

Q. For whom do you make application for allotment? — A. Myself in this applica- 
tion. 

Q. Have you ever ))efore this date made application for yourself to be enrolled as 
a citizen of any other Indian nation? — A. No. 

Q. Have you ever before this date made application for yourself to tile on any land 
in the Cherokee Nation or any other Indian nation? — A. No. 

Q. Have you been out of the Indian Territory in the last five years? — A. Nothing, 
except for business and pleasure. 

Q. Do you own a home in the Cherokee Nation? — A. Yes, sir. 

Q. You now make ajiplication for the SW. \ of NPL \, and SE. \ of NE. 3, and N. 
•^ of NW. I, and SE. } of NW. i, and N. h of SW. \ of NW. h and SE. \ of SW. ', 
of NW. \ of sec. 22, T. 22 N., R. 22 E., containing 230 acres, and valued at $5155; is 
that correct? — A. That is correct. 

Q. Are there any improvements on this land? — A. Yes. 

^l. Where are they located? — A. It is just a fence and some parts of it cleared. 

Q. Is there a house (in it? — A. No. 

Q. How many acres of this land are under cultivation? — A. About 25 acres. 

Q. Is the improved land fenced? — A. There is a fence around the whole thing. 

Q. Does anyone else claim this land or any part of it? — A. Not that I know of, 
except since I came here I learned that it is included in the Delaware segregation. 

Q. Has anyone else imj^rovements on it? — A. No. 

Q. Have you been over and examined this land with a view to making this 
application for it?— A. Yes. 

Q. Are there anv cluirches, school-houses, or burial gi-ounds on tiiese lands? — A. 
No. 

Q. Is the land suitable for a home?— A. Yes. 

Q. Do you accept these lands in part as your final allotment in the Cherokee 
Nation?— A. Yes. 

Q. Have you made this selection in good faith in all respects? — A. Yes, sir. 

This is formal notice to a'ou by the Commission that the SW. \ of NE. 4 and SE. 
\ of NE. 1 and N. h of NW. \ and SE. \ of NW. \ and N. h of SW. 1 of NW. ] and 
SE. \ of SW. \ of NW.i of sec. 22, T. 22 N., R. 22 E., containing 230 acres, is 
embraced in the segi-egation which has been made to the Delaware Indians who are 
memljers of the Cherokee Nation, under the provisions of section 23 of the act 
of Congress approved July 1, 1902, and that you will not be allowed this land 
until the suit of the Delaware Indians against the Cherokee Nation, now pending 
in the Court of Claims, lias been determined. 

Milton K. Thompson. 

Subscribed and sworn to before me this oth dav of Jaimarv, A. D. 1903, at Yinita, 
Ind. T. 
[seal.] Samuel Fokkman, Xotanj Public. 



Exhibit 15. 

Commission to the Five Civilized Tribes, 

TahJeqiiah, Ind. T., December 12, 1903. 
Dear Sir: On my return from iSIuskogee I find your letter of the 7th instant, stat- 
ing that in the list of lands handed by this office to Mr. Ciiase you notice that sev- 
eral i)arties thereon claim lands within what has lieretofore been regarded as the 
Delaware segregation, said i)arties being represented by Thomas W. Triiilett, and said 



MEMORIAL OF THE DELAWARE INDIANS. 35 

lands containing improvements bouglit by you, and being lands whicli you state you 
put into said segregation. You further say that you are informed that Triplett suc- 
ceeded in liaving one or more fictitious names enrolled and in filing for these per- 
sons at the Land Office, and express the fear that some of the parties who are 
claiming Delaware segregated lands may be fictitious names used by Trii:)lett for that 
purpose. You inclose a memorandum of lands which you say you have purchased 
from certain Cherokees who formerly owned imijrovements thereon, and which lands 
you say you have put into the Delaware segregation under conditions and expecta- 
tions set farth in your letter. 

You also say that you can send at any time copies of the bills of sale or the origi- 
nals themselves of the foregoing lauds if need be, and that you have some additional 
lands of which you have not yet prepared a memorandum. You also refer to hav- 
ing sent me a copy of Senate Document No. 16, and offer to assist the Commission in 
regard to segregating the Delaware lands. 

In reply I have to say that the records of this office show that Thomas W. Trip- 
lett attempted to secure the fraudulent enrollment of quite a large number of per- 
sons, some 21 in number, but the frauds v.'ere detected by this office and none of the 
applications were ever granted, nor has he secured any land, as he evidently intended. 
These matters have been duly reported for criminal proceedings. The utmost care 
will be exercised to see that no fraudulent applications succeed. 

As to the parties, some 300 in number, who have to date made claim that their 
occupied lands and homes have been, without their knowledge or consent, put into 
what has been call the Delaware segregation, such parties as commonly referred to 
are those who have made such complaint in person or in some instances in writing 
when information of the disposition of their lands has reached them, and none of 
them are of Delaware blood nor do the}^ make any claims as Delawares, but care will 
be exercised to see that no improper rejiresentations of this character prevail. 

After much labor in getting the material in our records in order, the Commission 
is now proceeding to determine the list of segregated Delaware lands. Inclosed find 
copy of a resolution passed by the Counnission on the 10th, the day fixed for argu- 
ment, showing upon what lines it is deemed necessary to make this segregation. As 
you see by the inclosed we consider ourselves required to include 160 acres per capita 
i'or living registered Delawares as the same may have been selected and occupied by 
them under the treaty of April 8, 1867, said 160 acres to contain, as far as may be, 
improvements of said living registered Delawares. We also conclude that we must 
put into the segregation land to the extent of 160 acres per capita, so far as the same 
may have been selected and occupied under the treaty by deceased registered Dela- 
wares, provided the same is now found to be in the possession of a descendant claim- 
ant of such deceased registered Delaware, said lancl to contain so far as may be the 
principal improvements of the deceased ancestor, and after that we consider that we 
are required to proceed directly to the unclaimed and unembarrassed portions of the 
public domain. 

This view of the law appears to be at variance from the views of Mr. Logan and 
yourself. It is my desire, however, and I am sure the desire of the Conunission, to 
])rotect your rights as well as the rights of all other parties in interest, fully and 
justly under the law as we interpret it. 

You are welcome to appear at this office in person or by representative and to con- 
sider and make suggestions and representations in regard to every tract of land in any 
way connected with these proceedings. In renewing the offers of this office to extend 
to you ever}^ facility within its power, I must call attention, however, to the fact that 
this business is already greatly delayed and other interests innuensely inconvenienced 
chieriy by reason of "the nature and character of the list heretofore presented by 
yourself and Mr. Logan for segregation, that the preliminary work has continued 
since early in Octol^er, and now this office is directed to make final report to the 
Conunission as soon as possible. It seems probable that there will be very few 
instances in which any difference of opinicjn can exist as to what class any tract of 
land comes under. If it is of an excluded class, that of course would settle the 
(luestion, and as the classes to be included have been defined by the Conunission, 
this should make your review of the segregation, with your knowledge of the lands 
you are pai'ticularly interested in, a very brief labor and one that you can readily com- 
plete before this office makes its report. I ho])e to report to the Conunission within 
not ("xreeding ten days, and, as heretofore, all the data is open to your inspection. 
Yours truly. 

C. R. Brkckixkidge, 
Co))niih.'<lo)i('r hi Churgc Cherokee Land Office. 

Richard C. Adams, 

Bund Building, ]]'aslii)igf 0)1, I). C. 



36 MEMOUIAL OF THE DELAWARE INDIANS, 

ExiiiniT 10. 

Commission to the Five Civilized Tribes, 

Tahleqnah, Inch T., December 15, 190-3. 
Deah Sir: In carrying out instructions from the Secretary of the Interior relative 
to making the Delaware segregation, the Conmiission desired to ascertain what land, 
to the extent of KiO acres for each, has been selected and occupied by living regis- 
tered Delawares. 

You are idcntiiied upon the Conmiission's records as an applicant for enrollment 
as a Delaware citizen of the Cherokee Nation, and your name has been identified 
upon what is known as the Delaware register. You are, therefore, requested to fur- 
nish the Commission, on the inclosed blank form and plat, a description of the land 
selected and occupied by you, and which you desire to have embraced in the segre- 
gation, the land so indicated not to exc'eed 160 acres, and preferably should contain 
your improvements. The location and nature of your improvements should also be 
shown upon the inclosed form. 

You are desired to furnish this information by return mail. The Commission is 
proceeding along other lines to obtain the data necessary to making the Delaware 
segregation, but it prefers to give you an opportunity to furnish this additional infor- 
mation before finally acting in your case. It can not, however, delay for your reply. 
Respectfully, 

C. R. Breckinridge, 
ConiJtiisHioner in Clidrr/e Cherokee Land Ojfice. 
Richard C. Adams, 

Bond BiiUdiiKj, WnxhiiKjtm}, D. C. 



hviiibit 17. 

December 18, 1903. 
Dear Sir: I have your letter of December 12 inclosing the resolutions ado]>ted Vjy 
the Dawes Commission on December 10. 
I respectfully submit — 

1. That the Delawares are entitled under their agreement with the Cherokee to 
157,600 acres of land of their own selection. 

2. That your honorable Commission in making the segregation is recjuired to 
segregate the lands which the Delawares themselves select, not lands which may be 
selected for tliem. 

3. That the Delawares are entitled to the 157,600 acres of land already selected Ijy 
them, unless under contest it shall be proved that as to some particular divisions of 
these lands they, for some reason, are not available to them. 

4. That if your resf)lutions mean anything less than or different from this they are 
beyond the powers and functions of the Commission. 

Very respectfully, yours, W. S. Logax. 

Hon. Clifton R. Breckinridge, T(dde(jiia]i, Tnd. T. 



New York, I)eceiid)er 18, 190S. 
My Dear Mr. Adams: I have a letter from Breckinridge, of the Dawes Commission, 
inclosing the resolutions they adopted on December 10. I inclose copy of my reply. 
Yours, very truly, 

Walter S. IjOGax. 
Richard C. xVdams, Esq., 

Bond Buildln'jfWaHldnyloii, I>. C 



Exhibit 18. 

Department of the Interior, 
Commission to the Five Civilized Tribes, 

December 22, 190.3. 

Argium'rd of J((iiie.f A'. Jones in the mailer of lite Delairare segregation. 

I have been employed by the Delawares in their suits with the Cherokees as far as 
they affect the Government and am here now representing them in the matter of 



MEMORIAL OF THE DELAWARE INDIANS. 87 

the geKi'egation of their land. AVhen your letter came to ^Ir. Adams, marking out the 
plan you proposed to pursue in making the segregation again, I read them over care- 
fully and they occurred to me as Ijeing right, exactly right, as far as they go; that there 
will be no ol)jection to them at all, and I felt that there was no misappi ehension of any 
danger to the Delawares Ijy the further action of the Commission, l)ut as there was 
nothing in the plan as outlined to indicate the course which might l)e i>ursued after 
these instructions had been carried out we thought it might be best to present the 
plan favored by the Delawares and talk the matter over face to face. 

I stopped yesterday to present the matter to [Major Breckinridge and it seemed, to 
my great surprise, that he seems to have an idea about it that is most unfair to the Dela- 
wares. Of course I have absolute confidence in each member of the Commission and 
what I say will be said in that light. I would like to ask, before 1 begin, whether 
there have been any other instructions given to the Commission other than those 
given through the Interior Department. If there are any other instructions and 
they are not private, I should l)e glad to see them. 

3ir. BixBY. I know of none. 

]\Ir. JoxEs. The Interior Department advised Mr. Adams that he would be notified 
of any instructions given, but it occurred to me that it might have l)een overlooked. 

Mr. Breckixridge. I will say, representing the Cherokee office, that there are no 
instructions of any character, so far as I know, except those which have been given 
Mr. Adams. Those are the Secretary's instructions tons, and we sent him a copy of 
the instructions from the Cherokee office. 

]Mr. JoxES. I supposed that was the case, ^ow we propose to show — 

First. All land occupied by living registered Delawares under the treaty of April 
8, 1867, to the extent of 160 acres per capita, and said land to contain their improve- 
ments as far as practicable. 

Second. All lands shown to have been im]>roved by deceased registered Delawares 
under said treaty of April 8, 1867; all lands so selected and occupied, and which, if 
found now to be in the possession of the heirs of said deceased registered Delawares, 
such land to contain the improvements placed thereon by said decea.«ed registered 
Delawares should be included in the reservation. I think if it were possible for the 
Commission to find that there were 160 acres of land for each deceased registered 
Delaware, that it would be an ideal segregation, and I have no objection, while I do 
not think that a necessary course to pursue, I have no objection that the Commission, 
as far as it can, follows the plan, and that 160 acres shall be segregated for each regis- 
tered Delaware and for the descendants of each registered Delaware, ))ut I want to 
say that we do not anywhere or at any time agree that any registered Delaware had 
any right to take 160 acres and hold it as his own; that every 160 acres taken by a 
registered Delaware f)r a descendant of a registered Delaware was taken in behalf of 
the Delaware Nation, and he has no individual right to it; he had a right to make 
his improvements on it and to hold it; a right to live there, but the Delawares had, 
under the treaties and laws, a right to segregate and allot the land as they saw fit. 
For this land, as we contend and have contended from the beginning, was a tract of 
157,600 acres, which was ascertained by multiplying the number of registered Dela- 
wares by 160 acres each; that it was a tract that belonged to the Delaware Indians; 
that no Delaware has one solitarj' acre of it and has no right to a solitary acre of it. 
Now I know that there is a contention on the other side that the intention was to 
give each Delaware 160 acres of land. This question is jiending before the Supreme 
Court, and the Commission can not accept this because the Supreme Court must 
decide that, this is right; and if so, no previous decision of the Commission, or of 
the Department, ought to deprive any Delaware of his right. 

My contention is that every square foot of this land belongs to the Delaware 
Nation; that there has been no allotment of that land, and that there has been noth- 
ing done to allot this land. It still belongs to the Delawares as a body. That there 
are more Delawares now than when this treaty was made with the Cherokee. Now 
if my theory prevails no Delaware will get 160 acres, nor is that our theory. Our 
contention is that when this 157,600 acres has been bought and paid for that this 
land must be dividerl by this Commission among these Indians per capita, and if 
there are more than there were among the registered Delawares at the time the 
treaty was made that each Delaware will take less land than 160 acres. 

Now, that point we raised in the case that is pending now before the Supreme 
Court, which was ))rought under the Curtis Act; we contended all the way through, 
contended in the brief, that this land belongs to the Delawares as a l)ody, not to an 
individual Indian. Now, this is a question which the court has to decide, and I was 
very much surprised to find that iMajor Breckinritlge seems to have an idea, and that 
the Commission seems to have an idea that individual Delawares acquired rights l)y 
taking the land, and the Supreme Court will have to settle this question when it 
deteiinines whether we bought that land en bloc, or whether it belongs to the indi- 



38 MEMORIAL OF THE DELAWARE INDIANS. 

vidual Indians. That is a ([uestion which mnst lu' left open; it can not be de'-ided 
by the (/onnnission. 

"Your third proposition is to inchide sutiicient land from the public domain to make 
up 157, ()()() acres. 

I think that is right. Now, what are you going to take? I think, in addition to 
thsese two lists of lands which you propose to select, that the Delawares have aright 
to say where they would like "to have this segregation made and that the Commis- 
sion ought to respect the wishes of the Delawares, if there is no good and substantial 
reason wliy this should not be done. 

To go l)ack a stej) farther, I think this segregation has already been made, and 
according to law, and even admitted that the segregation must have been submitted 
for the approval of the Secretary of the Interior, I think that this has been done. 
Now, when you come to act again, what land will yon take to make up the puV)lic 
domain? 

Major Breckinridge seems to think that some of these lands to be selected under 
the first and second clauses and the remainder of the land so to be selected that you 
will take land other than that claimed by the Delawares; that you will absolutely 
exclufle the land claimed by the Delawares and will exclude it as a part of thei)ublic 
domain. 

Now, I I)elieve that the land which is not contained in this segregation, and winch 
is held by the Delawares, ought to be considered as public domain, and the differ- 
ence ought to be made up out of that land if they prefer it. That seems to me so just 
and fair that I do not see how a man can hesitate a moment about it. These men 
have a right under the contract to take any part of the public domain, and when 
these first two lists have been selected and the deficienV-y comes to be made up it is 
the projjcr thing for the Conmiission to regard their recpiests and make up these 
lands out of the land owned l)y the Delawares. 1 believe that the Conmiission acted 
fairly in including these lands in its first segregation. The monstrous injustice of 
leaving out of the segregation lands upon which Delawares have imi)rovements is 
apparent when you think for a moment. If the Supreme Court shall sustain the 
contention of the Delawares and shall lujid that they bought and paid for 157,600 
acres of land at a dollar an acre, it would be monstrously unjust for the Commission 
to leave these lands out of the segregation and make the segregation so as to compel 
them to take land which is flinty and covered with rot'ks and which would cost only 
50 cents an acre, leaving out the lands upon which they have made improvements. 
This would be grossly unjust in your Commission to think that the land which is 
held by them is wholly a part of the pul)lic domain and could not as well l)e segre- 
gated now unless there is some reason why these people should not be allowed to 
take the lands whicli they have themselves improved. 

The monstrous injustice of the other course is apparent. I know there is some 
apparent prejudice in the Interior Department against Mr. Adams. I don't mean to 
criticise the Secretary, but he said to me one day, "Of course, should this suit be 
decided favorably, they will take out the land Mr. Adams holds in his name." He 
now holds it and it belongs to the tribe, from which T infer that the Secretary of the 
Interior had the idea that the land which was held by Mr. Adams in his name was 
claimed by him as his individual property. He has never made that claim. He has 
paid money for the land upon which are improvements so that it could be made a 
part of the ))ublic domain, and will file a statement of this in writing, if j'ou preterit. 
Mr. Adams ])urchased these improvements after he l)ecame attorney for the Dela- 
wares, and he bought this land and paid for the improvements for the purpose of 
having the land included in the public domain of the segregation, and has himself 
advanced the money, trusting to Ins people to repay the money advanced out of his 
own pocket. There is no reason why he should not have done it, except personal 
ones. I would not have done it, had I been in his })lace, and taken the chances, 
even if the Delawares should win their suit. It is not reprehensible from any stand- 
point, and he has certainly done more than I think mo^t men would have done. 

This suit was ))egun under the section of the Curtis Act, with which you are familiar. 
The last act which was jtassed bearing on it, sei-tion 2.'> of the act of last year, is in the 
following words, and I will take the liberty of reading it in full to you gentlemen, 
because as to whether the course shall be pursued of refusing to include in this segre- 
gation the lands which are held and selected by the Delawares or whether it will be 
outside and take lands which the Delawares have never selected and give it to them 
anyway, is, I think, conclusively settled by this section: 

"All Delaware Indians who are mend)ers of the Cherokee Nation shall take lands 
and share in the funds of the tribe as their rights may be determined liy the judg- 
ment of the Court of Claims, or by the Supreme Court if appealed, in the suit 
instituted therein by the Delawares against the Chei'okee Nation and now pending" — 



MEMOEIAL OF THE DELAWARE INDIANS. 39 

when this act was passed this suit was already pending, as you gentlemen areah-eady 
aware — " but if said suit be not determined before said Commission is ready to begin 
the allotment of lauds to the tribe as herein provided, the Commission shall cause 
to be segregated 157,600 acres of land, including lands which have been selected and 
occupied ])y Delawares in conformity to the provisions of their agreement with the 
Cherokees dated April 8, 1867." Now I think all of this land was selected in that 
way. Tliis land was selected for the Delaware Indians as a tribe. It was taken iX)S- 
session of l)y individual Delawares, and the taking by an individual Delaware was a 
taking for the tribe, and if the holdings of these individuals amounted to 157,600 
acres that would be the land which should be segregated subject to this suit. This 
selection does not relate, as I think, in any manner to a personal selection for the 
man's individual use. 

Right here on this point, before I go on, I will read a portion of article 4 of the 
treaty Vjetween the Delawares and the Government of the United States of July 26, 
1866:- 

"The said tract of country shall be set off with clearly and permanently marked 
lioundaries by the United States, and also surveyed as public lands are surveyed, 
when the Delware council shall so request, when the same may, in whole or in part, 
be allotted by said council to each member of said tribe residing in said country, 
said allotment being subject to the approval of the Secretary of the Interior." 

There, 1 think, was provision made by the treaty between the Delawares and the 
Government of the United States that the land should be held in a body, and should 
be subject to the action of the Delaware council to allot it when they saw tit to take 
that step and not before. The 157,600 acres was bought and paid for by Delaware 
funds and not l>y the money of individual Delawares. If the court holds that we are 
right, if it gives us a judgment, it will hold that the 157,600 acres belongs to the tribe 
and nuist be allotted in conformity with the machinery provided for the distribution 
of lands to individual members of the tribe, and each one will have his proportion- 
ate share of the 157,600 acres which he is entitled to according to the number of people 
there may be in the nation. Now I got off on this — I will read back (again refei'ring 
to section 23 of the Cherokee agreement) : 

" But if said suit be not determined before said Commission is ready to begin the 
allotment of lands of the tribe as herein provided, the Commission shall cause to be 
segregated 157,000 acres of land, including lands which have been selected and occu- 
pied by Delawares, in conformity to the provisions of their agreement with the 
Cherokees dated April 8, 1867, such lands so to remain, subject to disposition accord- 
ing to such judgment as may be rendered in said cause." 

Now, we contend that there is no question that that segregation in conformity with 
that agreement was a segregation of 157,600 acres of land to be held for the use and 
benefit of the tribe; that no one will get any sejiarate provision until the Delaware 
council had made some provision for the allotment which has not been made to this 
hour. 

" Such land so to remain, subject to disposition according to such judgment as may 
be rendered in said cause; and said Commission shall thereupon proceed to the 
allotment of the remaijiing lands of the tribe as aforesaid. Said Commission shall, 
when final judgment is rendered, allot lands to such Delawares in conformity to 
the terms of the judgment and their individual rights thereunder. Nothing in this 
act shall in any manner impair the rights of either party to said contract as the same 
may be finally determined by the court, or shall interfere with the holdings of the 
Delawares under their contract with the Cherokees of April 8, 1867" — now mark 
this language — "shall imjtair the rights of either party to said contract." I take the 
liberty of reading that again. Now these are the parties, the Delawares on the one 
side and the Cherokees on the other — "as the same may be finally determined by the 
court, or shall interfere with the holdings of the Delawares under their contract with 
the Cherokees of April 8, 1867, until their rights under said contract are determined 
by the courts in their suit now pending against the Cherokees, and said suit shall be 
advanced on the dockets of said courts and determined at the earliest time practi- 
cable." 

Now, the point lam particularly trying to emphasize is that the Delawares bought 
157,600 acres en bloc, and that we are entitled to 157,600 acres en bloc, and which is 
to be distributed among the Delawares in an ccjual (|uantity, and if Mr. Adams had 
14,000 acres of land standing in his own name he would only get his proportionate 
share of the land ami what each man got. 

He bought this land after he became attorney for the Delawares, and because the 
Delawares did not hold a sufiicient quantity of land to make up the 157,600 acres he 
bought this land to give the Delawares an opportunity to get the balance of their 
land. They could not get this land because it was improved, and he had to l)uy the 



40 MEMORIAL OF THE DELAWARE INDIANS. 

title 80 a;^ to make this land a part of the public domain, and when it became a part 
of the public domain he claimed it as a part of the segregation, which means after 
you gentlemen had made the segregation. Now, your Commission recognized the 
necessity of that when you made this first segregation. Now, I want you to under- 
stand that I do not claim that this segregation was absolute, but it was right, and 
was made on the right line. If it ajipeared any waj', if it could be shown anywhere, 
that that land was improperly included in that segregation, this Commis-^ion had a 
right to correct that segregation and strike it out. The Secretary, if he had a right 
to approve it at all, had a right to correct it. But your Commission, when it has 
said that this land was selected by individual Delaware?, could not have the right to 
take that land out and arl)itrarily designate some other. 

The language of this act provides that you shall take land selected by individual 
Delawares. We claim that no acre of this land is selected as the property of an indi- 
vidual Delaware, and the case is now pending before the Supreme Court, and this 
Commission has not the power to determine that case different from the action of the 
Supreme Court, and this Commission has got to recognize that our utmost contention 
may be sustained by the Supreme Court. It is the question that we have before the 
Supreme Court of the Uniteil States, so the matter should he held open. 

Under the pro\'isions of this section my judgment is that you should take all lands 
which are claimed by registered Delawares until you make up this 157,600 acres, and 
if after this there is land remaining to the Delawares it will be your duty to take 
other land to make up the 157,600 acres. The Commission has no right, it would 
be a deprivation, it would not l)e just, to take the lands which the Delawares have 
selected and segregate land elsewhere. This thing seemed to me so perfectly fair 
that I did not believe that there was any necessity of coming down here to present 
the matter, and I hope that there is no question as to that being the case. 

Now, in the brief which we have pending before the Supreme Court we contend 
that this land belongs to us en bloc: 

"This question seems to be so completely settled by the decision of this court in 
The United States v. The New York Indians ( 173 U. S., 471), that any further tliscus- 
sion is quite out of place. In that case the court says: 

" 'The second article of the treaty indicates that the grant was made upon the basis 
of 320 acres for each inhabitant, the recital being "320 acres for each soul of said 
Indians, as their numbers are at present computed," but the grant was not of 320 
acres for each soul, but of a tract of land en bioc' 

"How perfectly similar is this language to the language of the Delaware-Cherokee 
agreement of 1867. In the New York Indian case the language was '320 acres for 
each soul of said Indians.' In the case at bar the language is, 'a quantity of land 
* _ * * in tlie aggregate equal to 160 acres for each individual of the Delaware 
tribe,' the only difference being that the intent to sell a tract of land in a body is 
more clearly expressed in the Delaware agreement than in the case of the New York 
Indians, for in the former case the expression is 'a quantity of land, in the aggregate 
equal to 160 acres,' thereby showing that it did not intend 160 acres to each indi- 
vidual, but a quantity of land equal to it. 

"Indeed, it may be said that this method of determining the quantity and extent 
of grants to Indian tribes and bands has been quite the rule in all of our" transactions 
with the Indians, and that the uniform and uninterrupted construction by the depart- 
ments of the Government, as well as by the courts, in cases where the questions have 
come before the courts, has been that such grants are grants to the tribe en bloc and 
not to the individual members thereof.", 

Some years ago the Delawares had about a million dollars in the Federal Treasury 
to their credit. The governor of the Delawares asked the Government to turn this 
money oyer to the Delawares. The Secretary of the Interior, in his caution, turned 
over half of this money and directed the Indian agent to ascertain how that money 
was expended, whether or not it was used in the improvement of their lands. The 
inference was that the Secretary instructed that this money should l)e used bv them 
in the improvement of their farms. I have not been able to discover whether there 
were such direct instructions, l)ut the Indian agent reported here that he asked every 
Indian about it, and each one showed that it had been used in improving their farms. 
There is no question about that. It was perfectly well known. Now, when that 
report was made to the Secretary, that this money had been expended in imjiroving 
their lands, he gave them the other half, because he thought that was an evi- 
dence they had been acting in good faith. Suppose that some individual Delaware 
had gont' and run his fence around 320 acres of land and had I'xpended his money in 
improving it. Now, when you gentlemen come to make his allotment, he can take 
160 acres of that, but the other 160 acres does not go in; that 160 acres will thereby 
become a part of the public domain. Then when you come to make up the deti- 



MEMORIAL OF THE DELAWARE INDIANS. 41 

ciencv, the act of Congi'ess says that you shall select the land which has been selected 
and occupied by Delawares. This man has spent his money in improving said land. 
The action of the Commission, if it includes that land in said segregation, would be to 
give the Delaware tribe the benefit of the money which had been spent on that land. 

But if it arbitrarily rules that he is not entitled to that land, and because he had 
taken possession of more than 160 acres that would become a part of the jjublic 
domain of the Cherokee Nation but would not be considered as eligible to make up 
the deficiency of the Delaware public domain, the consequence of that would be to 
confiscate the money which had been spent upon that land by the Delaware, and for 
what purpose? Some other man would get it. It would be taking the value and 
money which belonged to a Delaware, which had been paid to him by the Government, 
which bad been used as the Government directed it should l)e used, you would arbi- 
trarily take that land away and say that any other Cherokee could have it but that 
Delaware could not have it; that would be monstrously unjust and unfair. Now the 
land which Mr. Adams has taken and paid for, when a man spends his money there 
is no difference in the eye of the law whether he hires a man to plow and fence or 
whether he buys from some other man — it was written under the constitution and 
laws of the Cherokee Nation that the man who made the improvements was entitled 
to the land and that a man might buy another man's improvements, so that Mr. 
Adams buying this land is buying it for the purpose that it might become public 
domain, and it seems to me that it would be monstrously unjust to adopt this method 
and the man who spent the money be the one man who will not be allowed to take it. 
I take it the Commission will not and can not make such a ruling. It seems to me 
that the line marked out by the Commission in making this other segregation was 
the proper line to take; that the right to correct this segregation — all of these things — 
the Commission had the six months in order to correct it, up to the time final action 
was taken by the Supreme Court. This being the case it seems to me that the proper 
course to pursue now is to select the land which has been selected by the Delawares, 
and which they have spent their money in improving. How are you going to select 
land to make up the deficiency? Our contention being, more pointedly, that every 
selection was made in the interest of the Delaware Nation, and that none of these indi- 
viduals have any right, except through the action of the Delaware council, to dis- 
pose of their improvements. They have no legal right to it and no jiower to assert 
it. But we believe that the Commission will see that justice is done and the rights 
of all i)arties protected. 

One more point — and I have already made that — and I believe I am through what I 
wish to say. There is a suit now pending in which we claim that this segregation is 
already a segregation, and is complete. If this new segregation shall make practi- 
cally the same segregation, of course there will be no oc(;asion to force that suit 
because it does exactly the same thing; but if there should be a disposition, especi- 
ally without sufficient reason, to make a different segregation, without the consent 
of the Delawares and against their interest, then of course we shall endeavor to the 
best of our ability to maintain the original segregation. But I think the reasons for 
making that segregation are just as operative now as when it was first made, and 
that the land upon which the Delawares have spent their money and which ai'e 
parts of the jjublic domain, except for the improvements made by them, should be 
included in said segregation. It would not be right, if there is a part of the j^ublic 
domain at 50 cents an acre and another part at 10 cents, it would not be right to ask 
you to select the 10-cent lan<l. It seems to me the Dawes Commission would select 
the better land for them, unless there is some other reason. This question is all in 
the Supreme Court. "Sir. Hutchings may n(jt agree with me that that court is going 
to find in our favor — if it should find in our favor this Commission sliould not take 
any ai'tion, but if a step can be taken not unfavorable to the interests of the Dela- 
wares, that undoubtedly would be the wise step. This matter of taking the lands 
upon which Delawares have improvement in excess of the 160 acres does no harm 
except, perhaps, to a lot of cormorants, who stand around outside expecting to take 
it, and they are not entitled to consideration. There is no reason why it should be 
done; there is no justice, and I do not believe the Commission will do it. I believe 
these are my views. I think what I have said sufficient, showing to the Commission 
what I lielieve and the reasons why I believe it, and I believe that you will do the 
Delawares justice in this matter. I do not know whether Mr. Hutchings wishes to 
oppose it. I have presented it as fairly as I can. 

5D\ H uTCHiNCis. Nothing except some of the law you quote. You read the Delaware 
treaty, which has been utterly repudiated by the act of July 1, 1902. 

Mr. JoxEs. There was nothing to repudiate it in that. 

'Sir. Hutchings. Yes; it does. My position — these gentlemen understand it, and 
I have told j'ou before. The position I occupy is merely for the j)rotection of the 



42 MEMORIAL OF THE DELAWARE INDIANS. 

rights of tlie Cherokee Nation. All I am here for is to see that no land goes into that 
segregation that any Cherokee citizen other than a Delaware would have a riglit to 
select. 

Mr. JoNKs. And jny jioint in this case is that this land that is l)eing claimed l)y the 
Delawares is public domain and open to settlement and selection if it is not occupied 
by Cherokees. 

Mr. Httchings. Whatever these gentlemen want to do I have nothing to say. 

Mr. Jones. And that this land should be included in the segregation, for the 
Delawares? 

Mr. Ai).\MS. In case it is Cherokee land — that is the point. If it is Cherokee land 
your contention is right; if it is Delaware land my contention is right. 

Mr. HuTCHiNGS. I am like the darkey preacher; I don't have to "splain" the lan- 
guage away on my position. I think that the Senator is correct, and if they liad let 
us alone and if they had let the Commission alone on the original segregation the 
matter would have been worked out and everybody would have had a chanre who 
is entitled to it. 

Mr. .loxEs. 1 think there was some mistake made in that and tlie suit was brought 
because the Delawares thought that the Cherokees were l>eing allowed to file on 
lands included in the segregation with the idea that they would have a prior right to 
it in the event the suit was not decided in their favor. I don't believe the Com- 
mission intended any such action. There were some things in the action of the 
Conunission which looked that way. I think that was a mistake, but if this land is 
going to be cut out and a lot of flint hills ])ut in its j)lace, it may be of the greatest 
importance to the Delawares that that suit was begun. 

Mr. HrTCHixGs. The Cherokee citizens can not complain of anything in this 
segregation, provided they do not select anything which they have a right to. 

Mr. Jones. And I think the Delawares have a right to select the land on which 
they have improvements rather than otherwise. I think the mistake has Ijeen that 
it has been maintained that the individual Delawares have a right against the Dela- 
ware tril)e. 

I am very much obliged to you, gentlemen. 

Mr. BixBV. We are very much obliged to you. Senator. 



ExiiuuT 19. 

Musco(;ee, Ind. T., Decnnher 2.j, 1903. 

Dear Siu: I understood you last night to say in my conversation with you that 
the position of the Commission is that no land held, occupied, or improved l)y any 
descendant of a registered Delaware shall be included under any circumstances in 
the Delaware segregation unless it was shown that such land had been occupied by a 
registered Delaware and was held by a complete chain of title, as to improvements, 
of course, from said original registered Delaware to the present holder. 

I also understood you to say that it was the intention of the Commission, after 
ascertaining what lands had been taken possession of by original Delawares and con- 
tinuously held, as indicated a1)ove, that all the remainder of the proposed segregation 
of 157,600 acres woidd be selected out of the public domain and include only such 
lands as were unimproved and unclaimed by any Cherokee, and that any lands held 
by any descendant of a registered Delaware which had not been originally taken up 
by a registered Delaware and continuously held as suggested above would be excluded 
from said segregation absolutely, and would become a part of the public domain, sub- 
ject, as I infer, to occupation by Cherokee Indians, but not open to occupation by a 
Delaware — not even the man who has lived on it for years and improved it, unless 
it is claimed by him under his rights as a Cherokee;" that no snch land will in any 
event be included in the segregation. 

Please let me know if in the above I understood you correctly, and if not wherein 
I misunderstood you, and what the exact position of the Connnission is as to lands 
which are held and have been improved by Delaware Indians, descendants of regis- 
tered Delawares, but which lands were never held, so far as the records of the Coin- 
mission siiow, by an original registered Delaware. 

I respectfully request an answer at your early convenience to the above. 
Yours, truly, 

James K. Joxes. 

Hon. C. K. Breckixkidge, 

Commimionev in Charge. 



MEMORIAL OF THE DELAWARE INDIANS. 43 

Muscogee, Ind. T., December 23, 1903. 

My Dear Sir: Mr. Adams authorizes me to say that he holds the lands standing 
in his name in the agreed list of lands submitted for segregation for his people, the 
registered Delawares and the descendants of registered Delawares, and not for him- 
self; that in acquiring these lands for the benefit of his people he has expended his 
own money, and that he believes his people will, in the event of the establisliment of 
their claim, reimburse him for all such expenditures, as well as for his risks and 
services in their behalf. 

That for the purpose of inducing you to include these lands in the Delaware segre- 
gation for the benefit of his people, and subject to the action of the Supreme Court, 
he stands ready to, and hereby proposes to, convey all such lands in any way that you 
may suggest to any committee of Delaware Indians, to be selected by you or the Com- 
mission, to be held by them under the direction of your Commission for the sole 
benefit of the Delaware tribe (^f Indians. 

If under these safeguards you are willing to allow his people to have the benefit of 
these lands, bought with his money for their use, by including them in the Delaware 
segregation, he will at once execute such conveyance as you may suggest to any parties 
named by you. 

Please let me know your decision on this matter at your earliest convenience. 
Yours, truly, 

James K. Jones. 

Hon. C. R. Breckinridge, 

Commissioner in Charge. 



Exhibit 20. 

Washington, D. C, December £6, 1903. 
Dear Sir: Inclosed I hand you copy of certain deeds and papers relating to the 
improvements I purchased on lands in the Cherokee Nation, which I desire to have 
segregated for the benefit of the Delaware Ind ians. Many of these papers are recorded 
in the records of improvements of the Illinois district. Such as are so recorded are 
so marked, and such as are not recorded I have the originals in my office. These 
copies are not certified copies, but they have been carefully compared. I can, if you 
desire, send the original papers to you at any time that you may retiuire them. 

In looking over the list of the 302 claimants of the Delaware segregated land I find 
that a large number v.ere Delav.ares claiming their own laud that was in the segre- 
gation. I also found that some of the land said to be in the segregation was not and 
some of the tracts were claimed by more than one Cherokee. I think when you 
come to examine this matter closely you will find that very few of the 302 can show 
reasons why the land should not be included in the segregation. 
I am, yours, truly, 

Richard C. Adams. 
C. R. Breckinridge, 

Commissioner in Charge Cherokee Land Office, Tahlequah, Ind. T. 



Bill of sale. 

Claremore, Ind. T., Apnl 16, 1894- 
Know all men bv these presents, that we, D. J. Matthews and wife, Addie Mat- 
thews, have this daV traded or exchanged our prairie farm or improvement, located 
3 miles northwest of Oolagah, Ind. T., Cooweescoowee district, Cherokee Nation, one 
box house and twenty acres of broke land, and one hundred fence with post and 3 
wires, to Thomas W. Reaves for his farm or improvement located on the north side of 
the San Francisco Railway, and adjoining the improvementof George \V. Sant, near the 
Verdigris River and on the road leading to the Woffard ferry. Said improvement has 
one log and box house and four acres in cultivation. We agree with the said Thomas 
W. Reaves to defend the title to said improvement hereby given or exchanged for 
against any and all persons claiming title to the same. 
Given under our names this the above day and date. 

D. J. Matthews. 
Addie Matthews. 
Attest: 
John M. Taylor, Jr, 
Jonathan Wilcox. 



44 MEMORIAL OF THE DELAWARE INDIANS. 

Cherokee Nation, l//iiiol>< District. 
To vhom it )na>/ concern: 

This is to certify that I have this day, for and in consideration of two hundred 
dolhirs in hand paid, sold and conveyed to K. C. Adams and Henry C. Meigs all my 
right, title, and interest to the within described improvements mentioned in this bill 
of sale or exchange. 

This the 7th day of May, A. D. 1894. 

Tnos. W. Reaves. 
J. C. Bird. 



Cherokee Nation, Il/inoi.^ District. 
To vliom it nidti concern: 

This is to certify that I have this day, for and in consideration of two hundred and 

sixty dollars in hand paid, sold, and conveyed to Annie S. Meigs all my right, title, 

and interest to the within described improvements (together with what other 

improvements have been placed thereon) mentioned in this bill of sale or exchange. 

This the 20th day of August, A. D. 1894. 

R. C. Adams. 
Maude Meigs. 



P'ouT Gibson, Ind. T., Illinois District, 

Cherokee Nation, Lid. T. 

Know all men by these presents, that I, Walter Scott, a citizen of the Cherokee 
Nation, for and in consideration of the sum of three hundred dollars (300) the receipt 
of which is hereby acknowledged, do this day bargain, sell, and by these presents 
convey and deliver to R. C. Adams, a citizen of the Cherokee Nation, all right, title, 
and interest in and unto a certain tract of land lying on the south side of the Tahle- 
quah and Fort Gibson road that runs by the national cemetery, consisting of about 
38 or more acres, and is bounded as follows: On the north by the said Tahlequah 
and Fort Gibson road, on the east by land belonging to James Alexander, on the 
south by line running from corner of said James Alexander's field in the line with 
fence of field belonging to said Walter Scott, and thence to wire fence near cemetery, 
and on the west by the piece of land occupied by one West and belonging to AV alter 
Scott; to have and to hold, all and singular, the said tract of land and improvements 
hereby conveye<l, with all the rights and privileges and appurtenances thereto belong- 
ing or in any wise appertaining unto the said R. C. Adams, his heirs and assigns 
forever, the title to which I hereby guarantee and agree to defend against any and 
all claimants whatsoever. 

In witness whereof I have hereunto subscribed my name and affixed mv seal this 
the 23d day of January, 1897. 

[seal.] Walter Scott. 

Wm. Clark, Witness. 
Henry C. Meigs, Wifne.'^s. 

Bill of sale. Walter S. Scott to Richard C.Adams. 11/27/96. Recorded on Book A, 
record of improvements, pages 141 and 142, Dec. 24, 189B. T. Jav Thornton, Dep. 
Clk., I. D., C. N. 



Warranty deed. 

Know all men by these presents that I, D. W. Rogers, a citizen of the Cherokee 
Nation, for and in consideration of the sum of three hundred and fifty dollars ($350) 
to me in hand paid by Richard C. Adams, a Delaware Indian and a citizen of the 
Cherokee Nation, and now representing the Delaware Indians at Washington, D. C, 
do here])y grant, bargain, sell, and convey and by these presents deliver to the said 
Richard C. Adams, his heirs and assigns forever, the following lands situated on the 
head of Spencer ('reek in the Indian Territory, Cooweescoowee district, Cherokee 
Nation, to wit: 

The SE. I of sec. 27 and the south half of the NE. } sec. 27, all in township 24, 
range 17, 240 acres, more or less, all in towship 24 north, range 17 east. 



MEMORIAL OF THE DELAWARE INDIANS. 45 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assigns forever, together with all improvements thereon and rights, privileges, 
and in:imunities thereto appertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever war- 
rant and defend the title to said lands against all claims whatsoever. 

And I, Ruth Rogers, wife of said D. W. Rogers, for and in consideration of the 
said sum of money and for divers good and valuable consideration, do hereby release 
and relinquish unto the said Richard C. Adams, his heirs and assigns, all my right 
of dower and homestead in and to said land. 

In witness whereof we have hereunto set our hands and seals this 14th day of 
Aug., 1899, at Chelsea, Ind. T., in the presence of H. M. Adams and C. L. Lane, 
witnesses hereto. 

D. W. (his X mark) Roc4ers. 
Ruth Rogers. 
Witnesses: 

H. M. Adams. 
C. L. Lane. 

Chelsea, Ind. T., Nortliern District, ss: 

Be it remembered that on this day came before the undersigned, a notary public 
within and for the northern district aforesaid, duly commissioned and acting a notary 

public, , to me well known as one of the grantors in the foregoing deed, 

and acknowledged that he had executed the same for the consideration and purposes 
therein mentioned and set forth. 

And on the same day also appeared before me the said Ruth Rogers, wife of the 
said D. W. Rogers, to me well known, and in the absence of her husl)and declared that 
she had, of her own free will, signed and sealed the relinquishment of dower and home- 
stead rights in the foregoing deed, for the consideration and purposes therein men- 
tioned and set forth, without compulsion or undue influence of her said husband. 

Witness my hand and seal as such notary public, this 14th day of August, 1899. 

[seal.] David G. Elliott, 

Notdry Public in and for Xorth District, Ind. Ter. 

(My commission expires Ajiril 11, 1903.) 



fVarraniy deed. 

Know all men by these presents that I, John Hildebrand, a citizen of the Cherokee 
Nation, for and in consideration of the sum of two hundred and twenty-five dollars 
($225) to me in hand paid by Richard C. Adams, a Delaware Indian and citizen of 
the Cherokee Nation, and now representing the Delaware Indians at Washington, 
D. C, do hereby grant, bargain, sell, and convey and by these presents deliver to the 
said Richard C' Adams, his heirs and assigns forever, "the following lands situated 
near the town of Chelsea, in the Indian Territory, Cooweescoowee district, Cherokee 
Nation, to wit: 

The NE. i of section 35, township 24 N., range 17 E; the NW. 40 of the SE. J 
sect. 35, township 24 N., range 17 E., containing 200 acres more or less, all in town- 
ship 24 N. , range 17 E. 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assigns forever, together with all improvements thereon and rights, privileges, 
and immunities thereto appertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever war- 
rant and defend the title to said lands against all claims whatsoever. 

And I, Ellen Hildebrand, wife of said John Hildebrand, a member of the Osage 
tribe of Indians and a citizen of said tribe, for and in consideration of the said sum of 
money and for divers good and valuable considerations, do hereliy release and. relin- 
quish unto the said Richard C. xVdams, his heirs and assigns, all my right of dower 
and homestead in and to said land. 

In witness whereof we have hereunto set our hands and seals this 17th day of 
August, 1899, at Chelsea, Ind. T., in the presence of H. M. Adams and 11. H. Carlin, 
witnesses hereto. 

John HiLDiiiKAXD 

Witnesses: 

H. M. Adams. 
H. H. Carlin. 



46 MEMORIAL OF THE DELAWARE INDIANS. 

Be it remembered that on this day came before the undersigned, a notary piil:>lic 
within and for the northern district aforesaid, duly commissioned and aetino;, John 
Hildebrand, to me well known as one of the grantors in the ff)regoing deed, and 
acknowledged that he had executed the same for the consideration and purposes 
therein mentioned and set forth. 

An<l on the same day also a])peared before me the said , wife of the 

said John Hildebrand, to me well known, and, in the absence of her husband, 
declared that she had, of her own free will, signed and sealed the relinquishment of 
dower and homestead rights in the foregoing deed for the consideration and pur- 
poses therein mentioned and set forth, without compulsion or undue influence of her 
said husband. 

Witness my hand and seal as such notary ]>ul)lic this IGth day of August, 1899. 

[seal.] David (t. Elliott, 

Noiarii Pnhfic in (utdfor tJie Northern- IHtitricf. 

(^ly com. expires April 1], 1903.) 



W<irr<niiij deed. 

Know all men by these presents, that I, H. H. Byrd, jr., a citizen of the Cherokee 
Nation, for and in consideration of the sum of two hundred and twenty-five dollars 
($225), to me in hand paid by Richard C. xA-dams, a Delaware Indian and a citizen 
of the Cherokee Nation, and now representing the Delaware Indians at Washington, 
D. C, do hereby grant, bargain, and sell and convey and by these presents deliver 
to the .said Richard C. Adams, his heirs and assigns forever, the following lands, sit- 
uated on the south side of Spencer Creek, in the Indian Territory, Cooweescsowee 
district, Cherokee Nation, to wit: SE. I of sec. 32, township 24 N., range 17 E., 160 
acres, more or less, all in township 24 N., range 17 E. 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assigns forever, together with all improvements thereon and rights, privileges, 
and immunities thereto appertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever 
warrant and defend the title to said lands against all claims whatsoever. 

In witness whereof I have hereunto set my hand and seal this 21st day of Aug., 
1899, at Chelsea, Ind. T.. in the i)resence of H. M. Adams and Ed. Byrd, Viitnesses 
hereto. 

H. 11. Byrd. 

Witnesses: 

H. M. Adams. 
Ed. Bykd. 

Chelsea, Ind. T., Noiilicru District, .s.s.- 

Be it remembered that on this day came l»efore the undersigned, a notary pu})lic 
within and for the northern district aforesaid, duly commissioned and acting, Henry 
H. Byrd, jr., to me well known as one of the grantors in the foregoing deed, and 
acknowledgeci that he had executed the same for the consideration and purposes 
therein mentioned and set forth. 

Witness my hand and seal as such notary public this 21st day of Augu.st, 1899. 

[seal.] Edward H. Byrd, 

Notary J'lihUc in and for XorlJiern Di.'<trict [ndio)) Territori/. 

(My (•(.mmission expires Feby. 27th, 1900.) 



Fort Cibsox, Illinois District, 

Cherokee Nation, Ind. T.: 
Know ail men by these presents, that we, James R. Fuller and Rosa L. Fuller, 
eitizens of the Cherokee Nation, for and in consideration of the sum of !?1 to us in 
hand ]iaid, agree to give to R. C. Adams the option of buying the farm l)elonging to 
us, consisting of alxiut 2S0 acres as described hereafter and bounded as follows: On 
the soiitli sidi' l)y Talilc(|nah and Kort (Jil)son road to the tract of land owned by 
R. C. .\danis rumiing north to the Corrall Branch, thence east along .«aid Corrall 
Branch to Bill Davis's field, thence north, boundeil on the east by Bill Davis's and 
Frenchy ]\lilier's to the section line, thence running west along section line to Cor- 



MEMORIAL OF THE DELAWARE INDIANS. 47 

rail Branch and following the meanderings of said Corrall Branch to a point due 
north of the orchard fence, and from thence following paid orchard fence south to 
point of l)eginning, for and in consideration of the sum of §2,500 to be paid to us cash 
in hand within thirty days, and not longer than sixty days, at which time we agree 
to give l)ill of sale of the above-described tract of land, on fulfillment of the payment 
of al)ove-named sum by R. C. Adams. 

In witness whereof we have hereunto set our hands and affixed our seals this 21st 
dav .of December, 1896. 



Wm. Clark, Witness. 



J. S. Fuller. [seal.] 

Rosa L. Fuller, [seal.] 



[Revenue stamps, .50 cents.] 
Warrantij deed. 

Know all men by these presents, that I, Harve Bacon, a citizen of the C'herokee 
Nation, for and in consideration of the sum of $200 to me in hand jiaid by Richard 
C. Adams, a Delaware Indian and citizen of the Cherokee Nation, and now represent- 
ing the Delaware Indians at Washington, D. C, do herel:)y grant, bargain, sell, and 
convey, and by these presents deliver, to the said Richard C. Adams, his heirs and 
assigns forever, the following lands, situated on the west side of Lightning Creek, in 
the Indian Territory, Cooweescoowee district, Cherokee Nation, to wit: 

80 acres of the E. .} of SE. \ .sec. 26, and 80 acres of the E. I of NP]. \ sec. 35, all 
in township 25, range 16 east. 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assigns forever, together with all improvements tliereon and rights, privileges, 
and innnunities thereto appertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever 
warrant and defend the title to said lands against all claims whatsoever. And I, 
Lucy Bacon, wife of the said Harve Bai-on, for and in consideration of the said sum 
of money, and for divers good and valuable considerations, do hereby release and 
relinquish unto the said Richard C. Adams, his heirs and assigns, all my right of 
dower and Iiomestead in and to s=aid land. 

In witness whereof we have hereunto set our hands and seals tliis 31st dav of 
October, 1899, at Chelsea, Ind. T., in the presence of H. :M. Adams and I). G. Elliot, 
witnesses hereto. 

Harve Bacon. 
Lucy Bacon. 

Witnes.ses: 

H. M. Adams. 
D. E. Elliot. 

Chelsea, Ind. T., Northern District, ss.: 

Be it remembered that on this day came before the undersigned, a notary public 
within and for the district aforesaid, and duly conmiis.sioned and acting, Lucy Bacon, 
to me well known as one of the grantors in the consideration and purposes therein 
mentioned and set forth, without compulsion or undue influence of her said husband. 

Witness my hand and seal as such notary public this 31st day of October, 1899. 

[seal.] David (J. Elliot, 

Notarji PubJic in and for the Xorther)i District. 

(My commission expires April 11, 1903.) 



]] arrant 1/ deed. 

Know all men ))y these presents, that I, William Dale, a citizen of the Cherokee 
Nation, for and in consideration of tlie sum of $600, to me in hand paid by Richard C. 
Adams, a Delaware Indian and a citizen of the Cherokee Nation, and now represent- 
ing the Delaware Indians at AA'ashington, D. C, do hereby i>;rant, Ijargain, sell, and 
convey, and by these presents deliver to the said Richard C. Adams, his heirs and 
assigns forever, the following lands situated on the north side of Sjiencer Ci-eek, in 
the Indian Territorj', Cooweescoowee district, Cherokee Nation, to wit: 

The north J of sec. 18, township 24, range 17, all in township 24, range 17. 



48 MEMORIAL OF THE DELAWARE INDIANS. 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assijjns forever, together with all improvements thereon and rights, privileges, 
and imnnmities thereto appertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever 
warrant and defend the title to said lands against all claims whatsoever, and I, 

, wife of the said , for and in consideration of the said sum 

of money and for divers good and valuable considerations, do hereby release and 
relinquish unto the said Richard C. Adams, his heirs and assigns, all my right to 
dower and homestead in and to said land. 

In witness whereof we have hereunto set our hands and seals this 28th day of 
Oct., 1899, at Chelsea, Ind. T., in the presence of H. M. Adams and J. E. Cochran, 
witnesses hereto. 

William Dale. 

Witnesses: 

H. M. Adams. 

J. E. Coc'HEAN. 

Chelsea, Ind. T., Xortlwrn District, ■•<y.: 

Be it remembered, that on this day came before the undersigned notary public, 
within and for the district aforesaid, duly commissioned and acting, William Dale, 
to me well known as one of the, grantors in the foregoing deed, and acknowledged 
that he had executed the same for the consideration and purposes therein mentioned 
and set forth. 

And on the same day also appeared before me the said -, wife of the 

said , to me well known, and, in the absence of her said husband, 

declared that she had of her own free will signed and sealed the relinquishment of 
dower and homestead rights in the foregoing deed for the consideration and purposes 
therein mentioned and set forth, without compulsion or undue influence of her said 
husband. 

Witness my hand and seal as such notary public this 28th day of October. 1899. 

David G. Elliot, 
Notary Pnhlic in and for the Northern District. 

(My commission expires April 11, 1903.) 

Said William Dale is to retain all of the growing wheat now on the said land, which 
is about ten acres, more or less. 



Bill of sale. 

Chelsea, Ind. T., January 27, 1900. 
Know all men by these presents, that I, John Scruggs, guardian of Lincoln Scruggs, 
a minor, single and unmarried, and a citizen of the Cherokee Nation, for and in con- 
sideration of the sum of $200, to me in hand paid l)y Richard C. Adams, a Delaware 
Indian and a citizen of the Cherokee Nation, and now representing the Delaware 
Indians at Washington, D. C, do this day bargain, sell, and by these presents deliver 
to the said Richard C. Adams, 320 acres of land and all the improvements thereon, 
situated on the north side of Spencer Creek, in township 24, range 17, l)einuf the 
SE. \ of S. 21, T. 24, R. 17, and the S. •} of NE. \ S. 21, T. 24, R. 17, and S. A N\V. ] 
S. 21, T. 24, R. 17, reserving, however, all claim I as guardian may have in any 
allotment tliereto to all Cherokee citizens. To have and to hold the same, together 
with all the improvements thereon, rights, and inununities appertaining thereto, and 
I hereby agree to warrant and defend the title to the said 240 acres of land to Richard 
C. Adams, his heirs or assigns, against any and all claimants whomsoever. 

In witness whereof I hereunto afiix my hand and seal this 27th day of .January. 
1900, in the presence of witness, as hereto attached. 

John ScRiGtis, 
Guardian of Lincoln 'Scruggs, a Minor. 
Witness: 

John I). Scott. 
Witness: 

(i. W. Wallek. 



MEMORIAL OF THE DELAWARE USTDIANS. 49 

United States of America, 

Indian Territory, Northern District. 

On this 27th day of January, 1900, before me, John D. Scott, a notary pubhc 
within and for the said district and Territory, appeared, in person, John Scruggs, 
guardian, as aforesaid, to me personally well known as the person whose name appears 
upon the within and foregoing bill of sale of conveyance, as the party, grantor, and 
stated that he had executed the same for the consideration and purposes therein 
mentioned and set forth, and I do hereby so certify. 

In testimony whereof I have hereunto set my hand as notary public within and 
for the northern district of the Indian Territory, on this the 27th day of January, 1900. 

[seal. ] John D. Scott, Notary Public. 

(My commission expires May, 15, 1900.) 

Chelsea, Ind. T. 

Know all men by these presents that I, Geo. Waller, do approve of the trade 
between R. C. Adams and John Scruggs, and relinquish all my claim to the right I 
have on the S. h of NW. i of S. 21, T. 24, R. 17. 

Jan. 26, 1900. G. W. Waller. 



Note. — The following-described tract of land was purchased from all claimants. 
The total amount of compensation paid was 1 span of mules, valued at $300, and |155 
in money. (Copy of letter from H. M. Adams.) 

Chelsea, I. T., 3, 7, 1900. 
Richard. 

Dear Brother: I enclose you another bill of sale of the same piece of land I 
bought for you from John Scruggs, which will fix it all right, I believe; I will try to 
explain to you. 

When John Scruggs was in penitentiary his wife got the place and stock that 
belonged to them, then sold the place to Andy Norwood, and Norwood sold it to or 
contracted it to Geo. Parker, so when Scruggs came back he sold it to or contracted 
it to Geo. Walker. Scruggs got a man on it and Parker was suing for possession, 
so now I have bought off both parties and have a bill of sale from both and have 
paid all but $47.50 on the place; my note on the bank will be due in about 5 weeks 
for the money, so I draw on you, 30 days sight, for the amt. you told me to draw, $155, 
the amt. that was due me for balance on place. I don't believe there ever can be 
any trouble about it now, as Geo. Parker had a perfect right to transfer the bill of 
sale and Scruggs has given up all his right to it. 

Your brother, H. Adams. 



Letter from Geo. Parker. 

Chelsea, Ind. T., Jan. 15, 1898. 
Mr. Nelce Pace: 

I want peaceable possession of the place you are now on in thirty days. 

George Parker. 



Letter from A. H. Norivood. 

Claremore, Ind. T., Aiig. 19, 1897. 
George Parker. 

Sir: Yours to hand and notice. After I got your first, I went and saw Mr. Pace 
and he is fixing to get off and don't claim anything, so I gave myself no more trouble 
about the matter. 

Yours, &c., A. H. Norwood. 

S. Doc. 58 4 



50 MEMOKIAL OF THE DELAWARE INDIANS. 

Clare.more, Ind. T., May 31, 1897. 
George Parker, Chehea, bid. T.: 

Yours to hand and noted, and will say that John Scruggs has no interest in that 
place and Pace has no lease, nor did he rent it, and if Pace don't give up I will have 
to take some steps to take jjossession. 

Yours, truly, A. H. Norwood. 



Execution for yjo-sxes'-s/o)?, of properli/. 

Cherokee Nation-, Cooinee Scoovee Dktrict. 
To any lawfid officer, greetmg: 

You are herehy commanded to take possession of the following-described property, 
to wit: 

And improvement four miles west of Chelsea, in said district, consisting of log house 
with box room and about twenty-five acres of inclosed land, three head of horses, 

one cow and yearling, in possession of Geo. Scruggs, now in possession 

of , and place the same in jiossession of Laura Scruggs, which will be in 

accordance with a decision of the circuit court, rendered iu a suit wherein the said 
Laura Scruggs was plaintiff and the said John Scruggs was defendant. 
Herein fail not to execute and return as required l)y law. 
Given from under my hand and seal of office, this ISth day of June, 1896. 

Joe M. La Hay, 
Clerk Dist., C. N. 

Execution of possession of property. Laura Scruggs r. John Scruggs. 



Bill of .vile to B. C. Adarini. 

[Revenue stamp, 25 cents. J 

Feb. 7, 1900. 
Know all men by these presents, that I, Geo. Parker, for and in consideration of 
148 in hand paid by R. C. Adams, of Washington, D. C, do this day transfer all my 
right, title, and interest to the within-described property to R. C. Adams, located on 
the following-described meets and boundaries: S. o NE. \ of S. 21, S. i of NW. \oi 
S. 21, and the SE. I of S. 21, all in T. 24, R. 17. " 

Geo. Parker. 
Witness: 

Wm. Adam.s. 



Bill of sale. 

Chelsea, Ixd. T., May IS, 1807. 

Know all nien by these presents, that in consideration of the sum of sixty-eight 
dollars, the receipt of whi(;h is hereby acknowledged, I, A. H. Norwood, do by these 
presents bargain, sell, and convey to George I'arker all right, title, and interest in 
and to an improvement situated four miles west of Clielsea, Cooweescoowee district, 
Cherokee Nation, and known as the John Scruggs place, and consisting of one log 
hoiise with end room, smokehouse, stables, to have and to hold, all and singular, to 
the said Cieorge Parker, his heirs and assigns, forever; and I, the said A. H. Nor- 
wood, do covi-nant with the said George Parker tliat 1 have a good right to sell the 
same and do hereby guarantee the title to said property against the lawful demands 
of all persons whomsoever. 

In testimonv whereof I have hereunto set my hand and signed this the 19th dav 
of May, 1897." 

\. H. Norwood. 



MEMORIAL OF THE DELAWARE INDIANS. 51 

Fort Gibson, 
Cherokee Nuiion, lad. T., June 18th, 1897. 

Know all men by these presents, that we, William P. Ross and Edward G. Ross, 
citizens of the Cherokee Nation, do hereby Ijargain, sell, and by these presents 
deliver to R. C. Adams, a registered Delaware Indian and a citizen of the Cherokee 
Nation, our fourth interest or one-half of what we yet have in and unto our claims in 
township 16, range 20, section 29, being the southwest and northwest quarter sections 
in said section 29 (we having sold, on April 2, 1897, one-half interest in said claims to 
R. C. Adams), for and in the consideration of the sum of two hundred dollars ($200), 
cash in hand paid, the receipt of which is hereby acknowledged, we hereby bind 
ourselves, heirs, and administrators to this contract, and agree to warrant and defend 
title to said claim against any and all claimants whomsoever. 

(Note of explanation. — In the above-named three hundred and twenty acres of 
land it is understood that R. C. Adams is to hold two hundred and forty acres and 
William P. Ross and Edward G. Ross eighty acres undivided interest, and that the 
interest in the development of any mineral, porcelain or otherwise, after expenses 
shall have been paid, shall be divided in likewise proportion, or as three is to one, 
R. C. Adams to receive three-fourths and the Ross brothers one fourth. ) 

Signed in the presence of the following witnesses: 

Wm. p. Ross. 

Witnesses: E. G. Ross. 

Fred E. Turner. 

Recorded on page 154, "record of improvements," July 16, 1897. 

T. Jay Thornton, De. Clk. I. IK, C. N. 

Bill of sale. H. C. Meigs to R. C. Adams. 1/23/97. Recorded in office of Illinois 
district clerk, record of improvements, page 147. January 23, 1897. T. Jay Thorn- 
ton, Dep. Clk. 



Fort Gibson, Illinois District, 

Cherokee Nation, Ind. T. 

Know all men by these presents, that I, H. C. Meigs, a citizen of the Cherokee 
Nation, for and in consideration of the sum of $500 (five hundred dollars), the 
receipt of which is hereby acknowledged, do this day bargain, sell, and by these 
presents convey and deliver to R. C. Adams, a citizen of the Cherokee Nation, all 
my right, title, and interest in and unto a certain tract of land known as my pasture, 
lying in township 16, range 20 E., sec. 30, also the claim that I bought from Polly 
Andrews, on " Bald Knob" hill, in section 30 and 31, range 20, township 16, together 
with all the lawful limits thereto belonging, consisting of about 500 or more acres, to 
have and to hold, all and singular, the said tract of land and improvements hereby 
conveyed, with all the rights and privileges and appurtenances thereto belonging, or 
in anywise appertaining, unto the said Richard C. Adams, his heirs and assigns, for- 
ever, the title to which I hereby guarantee and agree to defend against any and all 
claimants whatsoever. 

In witness whereof I have hereunto set my hand and affixed my seal this the 23d 
day of January, 1897. 

[seal.] ' H. C. Meigs. 

Wm. Clark, Witness. 



Bill of scUe. 

Fort Gibson, Illinois District, 

Cherokee Nation, Ind. T. 
Know all men by these presents, that I, William Hendricks, and Mrs. Hendricks, 
citizens of the Cherokee Nation, for and in the consideration of the sum of five hun- 
dred dollars ($500), the receipt of which is hereby acknowledged, do this day bar- 
gain, sell, and by these presents convey and deliver to R. C. Adams, a Delaware 
Indian and citizen of the Cherokee Nation, all oin- rights, titles, and interest in and 
unto a certain tract of land lying on the north side of the Tahlequah and Fort Gib- 
son road that runs V)y tlic iiational cemetery, consisting of about two hundred acres, 
and was formerly jiirchased by us from William P. Ross, and is located in township 
15 north, range 20 east, section 6, T. 16 N., R. 20 east, section 31, the said laud being 



52 MEMORIAL OF THE DELAWARE INDIANS. 

in cnltivation, luiving a good fence and other improvements. To have and to hold 
all and singular the said tract of land and inijjrovements hereby conveyed with all 
the rights and privileges and appurtenances thereto belonging, or in anywise apper- 
taining, unto the said K. C. Adams, his heirs and assigns, forever. The title to which 
I hereby guarantee, and agree to defend against all claims whomsoever. 

In witness whereof I have hereunto subscribed my name and affixed my seal this 
tenth dav of Julv, 1S97. 

W. H. Hendricks. [seal.] 

Ann Eliza Hendricks, [seal.] 

William Owen, Witiie-'<s. 

William Owen, WitucKft. 

Recorded on page 152, " Record of improvements," Illinois dist., Cherokee Nation, 
this July 15, 18;»7. 

[seal.] T. Jay Thornton, Dep. ('Ik. J. A <". N. 



Fort Gibson, Ind. T., • 

Illinrm District, ('herokcc Nation. 

Know all men by these presents, that I, William T. Ross and :\laud W. Ross and 
Ed. Ross, citizens of the Cherokee Nation, for and in the consideration of the sum of 
one thousand dollars ($1,000), the receipt of which is hereby acknowledged, do this 
day bargain, sell, and l)y these presents convey and deliver to R. C. Adams, a Dela- 
ware Indian and citizen of the Cherokee Nation, all our rights, title, and interests 
in and unto a certain tract of land lying on the north side of the Tahlecjnah and Fort 
Gibson road that runs l)y the national cemetery, consisting of aljnut fifty acres, and 
is located in township 15 north, range 20 east, section 6, and township 16 north, 
range 20 east, se(;tion ;>I. 

Also our remaining one-fourth interest in ami unto our claims in township 16, sec- 
tion 29, being the southwest and northwest (luarter sections in said sections 29, con- 
sisting of 80 acres. The said land having imj)rovements, fence, good well of water, 
garden, three-room house, and other improvements. 

To have and to hold all and singular, the said tract of land and improvements 
hereby conveyed with all the rights, and privileges, and appurtenances thereto 
belonging, or In anywise appertaining, unto the said R. C. Adams, his heirs and 
assignees forever. Tlie title to which I hereby guarantee and agree to defend against 
all claims whomsoever. 

In witness whereof I have hereunto subscribed my name and affixed my seal this 
24th dav of July, 1897. 

(Signed) Wm. P. Ross, [seal.] 

(Signed) M. W. Ross. [seal.] 

(Signed) E. G. Ross. [seal.] 

(Signed) F. H. Nash, Witness. 
(Signed) W. I). L. Dovvell, Witne.%<<. 



Know all men by these presents, that I, C. A. Robison, a citizen of the Cherokee 
Nation, for and in consideration of the sum of seven hundred and fifty dollars ($750) 
to me in hand paid by Richard C. Adams, a Delaware Indian and a citizen of the 
Cherokee Nation, and now representing the Delaware Indians at Washington, D. C, 
do hereby grant, bargain, sell, and convey, and by these presents deliver to the said 
Richard C. Adams, his heirs and assigns forever, the following lands situated on the 
south side of Spencer Creek, in the Indian Territory, Cooweescoowee district, Chero- 
kee Nation, to-wit: 

West i of northwest } of section 3, and ea.st half of section 4, all in township 23, 
range 17. 

To have and to hold the same unto the said Richard C. Adams, and unto his lieirs 
and assigns forever, together with all improvements thereon, and rights, privileges, 
and immunities thereto ajipertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever war- 
rant and defend the title to said lands against all claims whatsoever. 

And I, Manurvy Rol)ison, wife of said C. .\. Robison, for and in consideration 
of the said sum of "money and for divers good and valuable consideration, do hereby 



MEMORIAL OF THE DELAWARE INDIANS. 53 

release and relinquish unto the said Richard C. Adams, his heirs and assigns, all my 
right of dower and homestead in and to said land. 

In witness whereof, we have hereunto set our hands and seals this fifteenth day 
of September, 1899, at Chelsea, Ind. T. 

In the presence of H. M. Adams and Ed Byrd, witnesses hereto. 

C. A. RoBisoN. 

Manurvy (her x mark) Robison. 
Witnesses: 

H. M. Adams. 
Ed Bykd. 

Chelsea, Ixd. T., Northern Dist., ss: 

Be it remembered, that on this day came before the undersigned, a notary public 
within and for the district aforesaid, duly commissioned and acting, C. A. Robison, 
to me well known as one of the grantors in the foregoing deed, and acknowledged 
that he had executed the same for the consideration and purposes therein mentioned 
and set forth. 

And on the same day also appeared before me the said Manurvy Robison, wife of 
the said C. A. Robison, to me well known, and in the absence of her husband, 
declared that she had, of her own free will, signed and sealed the relinquishment of 
dower and homestead rights in the foregoing paper for the consideration and pur- 
poses therein mentioned and set forth, without compulsion or undue influence of her 
said husband. 

Witness mv hand and seal as such notary public, this fifteenth day of September, 
1899. 

[seal.] Edward Byrd, 

Notary Public in and for Northern Dist., I. T. 

{My commission expires Feb. 27th, 1900.) 



Fort Gibson, Illinois District, 

Cherokee N'ation, Ind. T. 

Know all men by these presents, that I, Walter S. Scott, a citizen of the Cherokee 
Nation, for and in consideration of the sum of fifty dollars (|50), the receipt of which 
is hereby acknowledged, do this day bargain, sell, and by these presents deliver to 
R. C. Adams, a citizen of the Cherokee Nation, all my right, title, and interest in and 
unto between twenty and twenty-five acres of land on the north side of the Fort Gibson 
and Tahlequah road, and bounded on the south by the Tahlequah and Fort Gibson 
road that runs by the national cemetery, on the west by Dr. Fuller's line, on the 
north by Dr. Fuller's farm and the Corrall Branch, on the east by Johnson Thomp- 
son's land formerly bought from W. P. Ross, junior, to have and to hold, all and 
singular, the said tract of land and improvements hereby conveyed with all the rights 
and privileges and appurtenances thereto belonging or in any wise appertaining unto 
the said R. C. Adams, his heirs and assigns forever, the title to which ^I hereby 
guarantee and agree to defend from any and all claimants whatsoever. 

In witness whereof, I have hereunto subscribed my name and affixed my seal this 
the 27th day of November, 1896. 

[seal.] Walter Scott. 

Wm. p. Ross, Witness. 

S. A. Ross, Witness. 



Ft. Gibson, Ixd. T., Dec. J4, 1896. 
Received of R. C: Adams ten dollars ($10) in full payment for all land I lose by 
changing the road from the U. S. cemetery to town. 

(Signed) C. E. Willey. 



Fort Gibson, C. N., Feby. 4th, 1895. 
Know all men by these presents, that for and in consideration of the sum of forty 
dollars ($40) in hand paid, I this day bargain, and by these presents do convey unto 
Walter Scott a certain claim or improvement adjoining the i)lace of Dr. J. S. Fuller 



54 MEMOEIAL OB" THE DELAWARE INDIANS. 

on the north and adjoining iny farm on the south and frontinp; on Tahlequah road 
and running back to branch and consisting of twenty-four acres. Thf same belong- 
ing to claim originally made by myself. I do hereby guarantee title of same. 

(Signed) ' Wm. P. Ross. 

Witness: 

R. M. Walker. 

Transferred to R. C. Adams this 3rd day of Dec, 1896. 

(Signed) Walter Scott. 

Recorded in Book A, record of improvements, page 142, Dec. 24, 1896. 

T. Jay Thornton, 
Deii. Clk:, III. DisL, C. X. 

Bill of Sale. James S. Fuller and Rosa L. Fuller to R. C. Adams. Recorded, Book 
A, record of improvements, page 142, Dec. 24, 1896. T. Jay Thornton, Dep. Clk., 
111. Dist., C. N. 



Fort Gibson, Illinois District, 

Cherokee Nutiun, Ind. T. 

Know all men by these presents, that we, James S. Fuller and Rosie L. Fuller, 
citizens of the ("herokee Nation, for and in consideration of the sum of two hundrecl 
dollars ($200), the receipt of which is hereby acknowledged, do this day bargain, 
sell, and by these presents convey and deliver to R. C. Adams, a citizen of the 
Cherokee Nation, all our rights, title and interest in and unto a certain tract of land 
lying on the north side of the Tahlequah and Fort Gibson road, consisting of about 
fifteen acres or more, and bounded as follows: On the east by the tract of land lately 
belonging to William Ross and now belonging to the said R. C. Adams; on the south 
by the Tahlequah and Fort Gi])son road; on the west by a staked line running i^ar- 
allel with the section line, and on the north by Corrall Branch, to have and to hold, 
all and singular the said tract of land and improvements hereby conveyed, with all 
the rights and privileges and appurtenances thereto belonging or in any wise apper- 
taining unto the said R. C. Adams, his heirs and assigns, forever. 

In witness whereof, we have hereunto subscribed our names and affixed our seals 
this, the 8th day of December, 1896. 

J. S. Fuller. [seal.] 

Mrs. R. L. Fuller, [seal.] 

F. P. Nash, Witness. 

L. R. Nash, Witness. 

Bill of sale. James S. Fuller and Rosie L. Fuller, to R. C. Adams. Recorded on 
Book A, record of improvements, page 140, December 24, 1896. T. Jav Thornton, 
Dep. Clk., 111. Dist, Cherokee Nation. " • 



Fort Gibson, Illinois District, 

Cherokee Xatioii, Ind. T. 

Know all men by these presents, that we, James S. Fuller and Rosie L. Fuller, 
citizens of the Cherokee Nation, for and in consideration of the sum of four hundred 
dollars ($400), the receipt of which is hereby acknowledged, do this day liargain, 
sell, and by these present convey and deliver to R. C. Adams, a citizen of the Cher- 
okee Nation, all our rights, titles, and interest in and unto all the land on the south 
side of Fort Gibson and Tahlequah road, leaving a space of 66 feet between our fence 
and the said line of said tract of land hereby conveyed to R. C. Adams. Said tract 
of land lying between Charlie Willey's, Florine Nash's, and the Tahlequah and Fort 
Gibson roacl that runs by the National Cemetery, and consisting of about forty or 
more acres, to have and \o hold, all and singular, the said tract of land and the 
imiirovements hereby conveyed, with all the rights and privileges and appurtenances 
thereto belonging or in any wise appertaining, unto the said R. C. Adams, his heirs 
and assigns, forever. 

In witness whereof, we have hereunto subscribed our names and affixed our seals 
this, the second day of November, 1896. 

James S. Fuller. [seal.] 

Mrs. Rosa L. Fuller, [seal.] 

William Clark, Witness. 



MEMORIAL OF THE DELAWARE INDIANS. 55 

Bill of sale. 

Know all men by these presents, that for and m consideration of the sum of four 
hundred dollars in hand paid by E. C. Thompson, the receipt of which is hereby 
acknowledged, we hereby sell, convey, and by these presents deliver to the said 
E. C. Thompson the following described real estate, to wit: 

Forty acres of land situated in the Cherokee Nation, on the north side of the 
Tahlequah road and on the west side of my present residence, one string being 
fenced parallel with the said road, the north string and west string to be set in posts 
by W. P. Ross. This laud is bounded on the east by the claim of W. P. Ross, bounded 
on the north by claim of Wm. Davis, bounded on the west by claim of Walter Scott, 
and bounded on the south by claim of C. AV. Willie, containing forty acres more or 
less, but should described land not contain forty acres the said VV. P. Ross is to 
pay at the rate of ten dollars per acre to said E. C. Thompson to cover said forty 
acres, or furnish a sufficient amount of land adjoining said tract to make forty acres, 
the title to which we guarantee to be free from all claims and we warrant and defend 
against all claims whatsoever. 

This 9th day of April, 1895. 

Wm. P. Ross. 
Maud W. Ross. 

Attest: 

John Watkins. 

Tahlequah, Ixd. T., Nov. SO, 1896. 

Transferred to R. C. Adams for value received, $250. 

(Signed) J. Thompson, 

For E. C. Thompson. 

Bill of sale. Alfred Smith to R. C. Adams. Dec. 9th, 1896. Recorded Book A, 
record of improvements, page 143, Dec. 24, 1896. T. Jay Thornton, Dep. Clk., L D., 
C. N. 



Fort Gibson, Illinois District, 

Cherokee Nation, Lid. T.: 

Know all men by these presents that I, Alfred Smith, a citizen of the Cherokee 
Nation, for and in consideration of the sum of twenty-five dollars (|25), the receipt 
of which is hereby acknowledged, do this day bargain, sell, and by these presents 
convey and deliver to R. C. Adams, a citizen of the Cherokee Nation, all my right, 
title, and interest in and unto a certain tract of land lying on the south side of the 
Tahlequah and Fort Gibson road, consisting of about two or more acres, and bounded 
as follows: Gn the east by R. C. Adams' fence that runs in a line with Florine 
Nash's fence, on the south by Florine Nash's fence, and on the west by a parallel 
line running in line with the section line and seventy-two feet west therefrom; to 
have and to hold all and singular the said tract of land and appurtenances thereto 
belonging or in any wise appertaining unto the said R. C. Adams, his heirs and 
assignees forever, the title to which I hereby guarantee and guarantee to defend 
against any and all claimants whatsoever. 

In witness whereof I have hereunto subscribed mv name and affixed my seal this 
the 9th day of December, 1896. 

[seal.] " Alfred (his x mark) Smith. 

Wm. Clark, Witvess. 
J. W. Duncan, Witne.ss. 



Bill of sale. 

Know all men l^y these presents that we, Wm. P. Ross and Maud W. Ross, his 
wife, for and in consideration of the sum of three hundred and ninety dollars (S390) 
in hand paid, do hereby grant, bargain, and sell, and by these presents have granted, 
bargained, and sold to William Hendricks, of the town of iNIanard, Indian Territory, 
and a citizen of the Cherokee Nation, the following-described premises, to wit: 

One certain improvement on the Tahlequah road, one and one-half miles northeast 
of the town of Fort Gibson to the north and adjoining the farm of Wm. P. Ross, con- 
sisting of sixty-five acres, more or less, under fence, to have and to hold the same 



56 MEMORIAL OF THE DELAWARE INDIANS. 

unto tlir said William lU'iidricks, his heirs, executors, administrators, and assigns 
forever. 

The title to which we jiiiarantee to defend. 

In witness whereof we have hereunto signed our names and atlixeii our seals on the 
first day of Fel)ruary, 1896. 

(Signed) Wm. I*. Ross. 

(Signi'd) Maid W. Ross. 

■Attest. 

T. .Iav Thornton, [skal.] 

Ih'p. Clk., Ill DifiL, Clwrob'e Nation. 

Transferred to K. C Adams on this the lOth day of Jul}', 1897. 

(Signed) W. H. IIendkicks. 

(Signed) Ann PvLiza Hendkkks. 

This certilies that tlie above hill of sale is recorded on page 151, "Record of 
improvements" of 111. Dis., Cherokee Nation. 
This July 15, 1897. 

(Siifiied) T. Jay Thornton, [seal.] 

J>ep. CIL, 111. Disf., C. N. 

Bill of sale. William Ross and Maud Ross to Richard C. Adams. Rec()rded Book 
A, recoi'd of improvements, page 143, Dec. 24, 1896. T. Jay Thornton, Dep. Clk., 
I. D., (;. N. 



Fort (iinsox, Illinois District, Clierolre Nafiov, Lid. T.: 

Know all men by these presents that we, William Ross and Maud Ross, citizens 
of the Cherokee nation, for and in consideration of the sum of one hundred and fifty 
dollars ($150), the receij)! of which is herel)y acknowledged, do this day bargain, 
sell, aiul by these presents deliver to R. C. Adams, a citizen of the C'lierokee Nation, 
all our rights, titles, and interest in and unto a tract of land c(msisting of about 18 
acres, lying on the nortli side of the Tahkuiuah ami Fort (iibson road that runs by 
the national cemetery, and bounded as follows: On the north by the Corrall Branch, 
on the west by the tract of land lately belonging to Johnson Thomi)son, and now 
belonging to the said R. C. Adams, on the south by theTahlaquah and Fort (iibson 
road, and on the east l)y the section line and running on same; to have and to 
hold, all and singular, the said tract of land and improvements here))y conveyed, 
with all the rights and ])rivileges and appurtenances thereto belonging, or in any 
wise ap])ertaining unto the sai<l R. C. Adams, his heirs and assigns forever, the title 
to which we hereby guarantee and agree to defend against any and all claimants 
whatsoever. 

In witness whereof we hereunto subscribe our names and allix oui- seals this the 
19th day of Decendjer, 189(). 

[seal.] Wm. 1'. Ross. 

[seal.] ]\lAri) Ross. 

Wm. Clark, Il7<ne.s.s. 



Fort (Jihson, Illinois Distrust, 

Cherokee Nation, Jnd. T., April 2nd, 1897: 

Know all men by these presents that we, Wm. V. Ross and Edward (i. Ross, 
citizens of the Cherokee Nation, do hereby bargain, sell, and l)y these presents 
deliver to R. C. Adams, a Delaware Indian and a citizen of the C-herokee Nation, 
one half interest in and unto our claim in townshij) 16, section 29, being the SW. 
quarter section in section 29, and the NW. quarter stn-tion in section 29, for and in 
the consideration that the said R. C. Adams shall build sufficient im])rovi'ments on 
each (juarter section and sink a shaft or well from .'W to 40 feet dee}) for the purjjose 
of ascertaining what mineral may be on said quarter sections and t(» assist in getting 
capital to develop said mineral or porcelain and to organize a mining company for 
the purpose of operating same. 

We hereby bind ourselves, heirs, and administrators for the faithful pci formance 



MEMORIAL OF THE DELAWARE INDIANS. 57 

of said contract, and the said Wni. P. Ross and Edward G. Ross agree to warrant and 
defend title to said claim against any and all claimants whomsoever. 

Further, the said R. C. Adams agrees to begin said improvements within 60 days 
and to det'rav all expenses for same. 

(Signed) E.G.Ross. 

(Signed) Wm. P. Ross. 

( Signed ) R. C. Adams. 

Witnesses: 

Annie S. Mkigs. 



Recorded on page 153, record of improvements, 111. dist., C. N., July 16, 1897. 
[seal.] - T. Jay Thornton, Dep. Clk. 

C'Ost of improvements, $160. 



Warranty deed. 

Know all men by these presents, that I, Sherman Kirby, a citizen of the Cherokee 
Nation, for and in consideration of the sum of three hundred dollars ($300) to me in 
hand paid by Richard C. Adams, a Delaware Indian and citizen of the Cherokee 
Nation, and now representing the Delaware Indians at Washington, D. C, do hereby 
grant, bargain, sell, and convey, and by these presents deliver to the said Richard C. 
Adams, his heirs and assigns forever, the following lands situated east of Grand 
River and north of Fort Gibson, Indian Territory, Illinois district, Cherokee Nation, 
being about one hundred and thirty (130) acres of land, more or less, under fence, 
sixty-five acres, more or less, being in cultivation; one two-room house, and one barn, 
and other improvements thereon, the location being more definitelv described as 
follows: Township 16 N., range 20 E., NW. i of SW. }, and SW. i of NW. \ of sec. 
31, and SE. ^ of sec. 36, township 16 north, range 19 east, Ind. meridian (240 acres). 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assigns forever, together with all improvements thereon and rights, privileges, 
and immunities thereunto appertaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever 
warrant and defend the title to said lands against all claims whatsoever. And I, 
Rhoda Kirby, wife of the said Sherman Kirby, for and in consideration of the said 
sum of money and for divers good and valuable considerations, do hereby release and 
relinquish unto the said Richard C. Adams, his heirs and assigns, all my right of 
dower and homestead in and to said land. 

In witness whereof we have hereunto set our hands and seals this day of 

February, 1902, at Ft. Gibson, Indian Territory, in the presence of H. C. Meigs and 



[seal.] Sherman Kirby. 

Rhoda Kirby. 
Henry C. Meigs, 
Ron Lee, 

Witnesses. 

Fort Gibson, Ind. T., Northern Judicial District, ss: 

Be it remembered, that on this day came before the undersigned, a notary public 
within and for the district aforesaid and duly commissioned and acting, Sherman 
Kirby, to me well known as one of the grantors in the foregoing deed and acknowl- 
edged that he executed the same for the consideration and purposes therein men- 
tioned and set forth. 

And on the same day also appeared before me, the said Rhoda Kirby, wife of the said 
Sherman Kirby, to me well known, and in the absence of her said husband declared 
that she had of her own free will signed and sealed the relinquishment of dower and 
homestead rights in the foregoing deed for the consideration and purjioses therein 
mentioned and set forth, without compulsion or undue influence of her said husband. 

Witness my hand and seal as such notary public this 15th day of February, 1902. 

[seal.] ' " P. L. Pyle, 

Notary Pvhlic in and for the Northern District. 

(My commission expires . ) 

The interlineation in the description was made before the deed was acknowledged. 

P. L. Pyle, Notary Public. 



58 MEMORIAL OF THE DELAWARE INDIANS. 

Certijicate of record. 

United States ok America, 

Indian Territory, Northern District, ss: 

I, Charles A. Davidson, clerk of the United State? court and ex otlicio recorder in 
and for the northern district, Indian Territory, do hereby certify that the instrument 
hereto attached was filed for record in my office the 0th day of March, 1902, at "■ 
a. m., and duly recorded in Book X, page 366. 

Witness my hand and seal of said court at JNIuskogee, in said Territory, this 18th 
day of June, A. D. 1902. 

[sEAi..] Chas. a. Davidson, 

Clerk and Ex Officio Recorder. 



Bill of sale. 

Fort Gibson, Ind. T., Marcli 16, '97. 

I, Francis iNIiller, this day transferred say bill of sale, witnesseth: That party of 
first part, for and in consideration of the suin.of four hundred ($400) dollars in hand 
paid by say party of the second, the receipt whereof is hereby acknowledged, and 
say party of the second part forever released and discharge therefrom, have granted, 
bargained, sold, remised, released, conve}'ed, aliened, and confirmed, and by these 
presents do grant, bargain, sell, remise, release, convey, alien, and confirm unto the 
say party of the second part, and to his heirs and assigns forever, I this transferred 
say propert}' to party of second part. 

One farm, about sixty-five in cultivation, and pasture about 80 acres; house, stable, 
corncrib, say farm laying north of Fort (iibson, about two miles from say town, on 
the old Government reserve. Hereby releasing and waiving all right. This is a true 
bill of sale of say property. I, Francis Miller, will defend say title on any claim 



(Signed) Francis Miller. 



against say property. 

Witness: 

Albert Taylor. 
Emmer Paterson. 

Fort Gibson, Ind. T., 16, '97. 
We herewith sign and transfer unto R. C. Adams the within-described land this 
the 15th day of Feby., 1902. 

Sherman Kirby. 
Rhoda Kirby. 



Know all men by these presents, that I, Louis Bibles, a citizen of the Cherokee 
Nation, for and in consideration of the sum of twelve hundred and fifty dollars 
($1,230) to me in liaiid paid by Richard C. Adams, a Delaware Indian and a citizen 
of the Cherokee Nation, and now representing the Delaware Indians at Washington, 
D. C, do hereby grant, bargain, sell, and convey, and l>y tliese ])resents deliver to 
the said Richard (J. Adams, his heirs and assigns, forever, the following lands situ- 
ated on the east side of W'rdigris River, in the Indian Territory, Cooweescoowee 
distrii't, Cherokee Nation, to wit: 

NW. \ of section 14, south \ of section 15, south half of NW. -\ sect. 14, N. \ sec. 
15, 37 acres in the south half of NW. \ sect. 15, containing 757 a., more or less, all 
in township twenty-fmir, range sixteen. 

To have and to hold the same unto the said Richard C. Adams and unto his heirs 
and assigns forever, together with all improvements thereon and rights, privileges, 
and inuuunities thereto a])iK^rtaining. 

And I do hereby covenant with the said Richard C. Adams that I will forever 
warrant and defend the title to said lands against all claims whatsoever. 

And I, Ella Bibles, wife of said Louis Bibles, for and in consideration of the said 
sum of money and for divers good and valuable consideration, do hereby release and 
reliiKiuish unto the said Richard C. Adams, his heirs and assigns, alf my right of 
dower and homestead in and to said land. 

In witness whereof we have hereunto set our hands and seals this 29th day of 
.August, 1899, at Alluwe, Ind. T., in the presence of H. M. Adams and E. Byrd, wit- 
nesses hereto. 

Louis Bibles. 
Ella Bibles. 

"\Mtnesses: 

H. M. Adams. 
Ed Byrd. 



MEMORIAL OF THE DELAWARE INDIANS. 59 

Chelsea, Ixd. T., Xorthern District, ss: 

Be it remembered that on this day came before the undersigned, a notary public 
within and for the district aforesaid, duly commissioned and acting, Louis Bibles, to 
me well known as one of the grantors in the foregoing deed, and acknowledged that 
he had executed the same for the consideration and purposes therein mentioned and 
set forth. 

And on the same day also appeared before me the said Ella Bibles, wife of the said 
Louis Bibles, to me well known, and, in the absence of her husband, declared that 
she had, of her own free will, signed and sealed the relinquishment of dower and 
homestead rights to the foregoing deed, for the consideration and purposes therein 
mentioned and set forth, without compulsion or undue influence of her said husband. 

Witness my hand and seal as such notary public this 29th day of August, 1899. 

[seal.] Edward Byrd, 

Notary Public in and for Northern Dv^trict, Ind. Ter. 

(My com. exp. Feb. 27th, 1900.) 



Washington, D. C, March 29th, 1899. 

Know all men by these presents that I, John R. Mcintosh, a citizen of the Chero- 
kee Nation, for and in consideration of the sum of one dollar (!?1) and other valua- 
ble considerations, do this day bargain, sell, and by these presents deliver to Richard 
C. Adams, a Delaware Indian and a citizen of the Cherokee Nation, residing at Fort 
Gibson, Indian Territory, two hundred and forty acres (240) of land and all the 
improvements thereon, situated in the forks of Dromgoole and Coal creeks, in Coo- 
weescoowee district, Cherokee Nation. Said two hundred and forty acres of land is 
bounded as follows: On the north by improvements held and owned by John Grass 
Mcintosh; on the west by improvements held and owned by Widow Tom Terrill; on 
the south by improvements held and owned by Mack Taylor; and on the east by 
improvements held and owned by myself, John R. Mcintosh; also described as the 
northwest quarter of section 32 (160 acres), and north half of southwest quarter of 
section 32, both township 24 N., range 17 east, to have and to hold all the improve- 
ments, rights, and immunities appertaining thereto. 

And I hereby agree to warrant and defend the title to the said 240 acres to 
Richard C. Adams, his heirs and assigns, against any and all claimants whomsoever. 

In witness whereof I hereunto affix my hand and seal this the twenty-ninth day 
of March, eighteen hundred and ninety-nine, in presence of witnesses hereto attached. 
(Signed) John R. McIntosh. [seal.] 

Charles G. Shoemaker, Witness. 
Mary J. Baldwin, Wityiess. 
(Revenue stamp, $3.) 

District of Columbia, to rvit: 

On this 29th day of March, A. D. 1899, personally appeared before me John 
Mcintosh, to me personally known to be the person w'hose name is signed to the 
foregoing deed and acknowledged the same to be his free act and deed. 

Given under my hand and seal the day and year hereinbefore written. 

(Signed) Charles G. Shoe.maker, Notary Public. . 



Washington, D. C, March 29th, 1899. 
Know all men by these presents, that I, John R. Mcintosh, a citizen of the Cher- 
okee Nation, for and in consideration of the sum of one dollar (.$1 ) and other valuable 
considerations, do this day bargain, sell, and by these presents deliver to Richard C. 
Adams, a Delaware Indian and citizen of the Cherokee Nation, and resident at Fort 
Gibson, Indian Territory, two hundred and forty acres (240) of land and all the 
improvements thereon, situated on the forks of Dromgoole and Coal Creeks, in Coo- 
weescoowee district, Cherokee Nation. Said two hundred and forty acres of land is 
bounded as follows: On the north by improvements held and owned by John Grass 
Mcintosh; on the west by improvements held and owned by Widow Tcnu Terrill; 
on the south by improvements held and owned by Mack Taylor, and on the east by 
improvements held and owned l)y myself, John R. 3IcIntosh — also described as the 
northwest quarter of section 32 (i60 acres) and the north half of southwest (juarter 



()() MEMORIAL OF THE DELAWARE INDIANS. 

of section 32, ))otli town.^hip 24 N., rano;e 17 east — to have and to hold all the improve- 
ments, rights, and immunities appertaining thereto. 

And I hereby agree to warrant and defend the title to the said 240 acres to Richard 
C. Adams, his heirs and assigns, against any and all claimants whomsoever. 

And for the considerations aforesaid, and for divers other good and valuable con- 
siderations, T, Maria L. Midntosh, wife of John R. Mcintosh, do hereby release and 
quitclaim imto the said Richard C. Adams, his heirs and assigns, all my right, claim, 
or possibility of dower in or out of the afore-descrilied premises. 

In witness whereof we hereunto affix our hands and seals this the twenty-ninth 
day of March, eighteen hundred and ninety-nine, in ^jresence of witnesses hereto 
attached. 

John R. McIntosh. 
Maria L. McIntosh. 

D. <i. Elliott, Witin'sK. 

H. M. Adams, Wituesi^. 

United States ok America, 

Indian Territory, Northern Dixtrict. 

On this 20th day of May, 1899, before me, David G. FJliott, a notary public, within 
and for the said district and Territory, appeared in person, John R. Mcintosh, to me 
personally well known as the person whose name appears upon the within and forego- 
ing deed of conveyance, as one of the parties, grantor, and stated that he had 
executed the same for the considerations and purposes therein mentioned and set 
forth, and I do hereby so certify. And I further certify that on this 20th day volun- 
tarily appeared before me Maria L. Mcintosh, wife of John R. Mcintosh, to me well 
known to be the person whose name appears upon the within and and foregoing deed, 
and in the absence of her said husbancl declared that she had of her own free will 
signed the relinquishment of dower expressed for the purposes therein contained and 
set forth, without compulsion or undue influence of her said husband. 

In testimony whereof I have hereunto set my hand as notary public within and 
for the northern district of the Indian Territory, on tliis the 20th day of May, 1899. 

[seal.] David G. Elliott. 



Exhibit 21. 

Commission to the Five Civilized Tribes, 

Tahkquah, Ind. T., December 36, 190S. 

Dear Sir: I am in receipt of your letter of December 23, conveying a proposition 
from Mr. R. C. Adams to have included in the Delaware segregation certain land in 
the Cherokee Nation standing in his name in the list of land heretofore presented for 
such segregation, and which list had at one time the approval of the Commission. 

In this connection, you say: 

"Mr. Adams authorizes me to say that he holds the lands standing in his name in 
the agreed list of lands submitted for segregation for his people, the registered Dela- 
wares and descendants of registered Delawares, and not for himself; that in acquir- 
ing these lands for the benefit of his people he has expended his own money, and 
that he believes his people will, in the event of the establishment of their claim, 
reimburse him for all such expenditures, as well as for his risks and services in their 
behalf. 

"That for the jiurpose of inducing you to include these lands in the Delaware 
segregation for the benefit of his people, and subject to the action of the Supreme 
Court, he stands ready to, and hereby proposes to, convey all such lands in any way 
that you may suggest to any committee of Delaware Indians, to be selected by you 
or the Commission, to be held l)y them under the direction of your Commission for 
the sole benefit of the Delaware tribe of Indians. 

"If under these safeguards you are willing to allow his people to have the benefit 
of these lands, bought with his own money for their use, l)v including them in the 
Delaware segregation, he will at once execute such conveyance as you may suggest 
to any parties named by you. 

" Please let me know your decision in this matter at your earliest convenience." 

The inclusion of these lands has been the subject of other communications between 
Mr. Adams and this Office. 

On December 7 he wrote me from Washington, inclosing a memorandum of land, 
jiresumably the same now referred to, which he said he purchased from Cherokees 



MEMORIAL OF THE DELAWARE INDIANS. 61 

who formerly owned improvements thereon, and which land he desired put into the 
Delaware segregation. He further said that he could at any time send the bills of 
sale, and that he had some additional land of which he had not then prepared a 
memorandum. 

In reply to that letter, this Office wrote Mr. Adams, on December 12, in part as 
follows: 

"As to the parties, some 300 in number, who have to date made claim that their 
occupied lands and homes have been, without their knowledge or consent, put into 
what has been called the Delaware segregation, such parties as commonly referred to 
are those who have made such complaint in person, or in some instances in writing, 
when information of the disposition of their lands has reached them, and none of 
them are of Delaware blood, nor do they make any claims as Delawares, but care will 
be exercised to see that no improper representations of this character prevail. 

"After much labor in getting the material in our records in order, the Commission 
is now proceeding to determine the list of segregated lands. Inclosed find copy of a 
resolution passed by the Commission on the 10th, the day fixed for argument, show- 
ing upon what lines it is deemed necessary to make this segregation. As you see by 
the inclosed, we consider ourselves required to include 160 acres per capita for living 
registered Delawares as the same may have been selected and occupied by them under 
the treaty of April 8, 1867, said 160 acres to contain, as far as may be, improvements of 
said living registered Delawares. We also concluded that we must put into the seg- 
regation land to the extent of 160 acres per capita, so far as the same may have been 
selected and occupied under the treaty by deceased registered Delawares, provided 
the same is now found to be in the possession of a descendant claimant of such 
deceased registered Delaware, said land to contain, so far as may be, the principal 
improvements of the deceased ancestor, and after that we consider that we are 
required to proceed directly to the unclaimed and unembarrassed portions of the pub- 
lic domain. 

' ' This view of the law appears to be at variance from the views of Mr. Logan and 
yourself. It is my desire, however, and I am sure the desire of the Commission, to 
iarotect your rights, as well as the rights of all other parties iij interest, fully and 
justly under the law as we interpret it. 

" You are welcome to appear at this office in person or by representative and to con- 
sider and make suggestions and representations in regard to every tract of land in any 
way connected with these proceedings. In renewing the offers of this office to extend 
to you every facility within its power, I must call attention, however, to the fact thtvt 
this business is already greatly delayed and other interests immensely inconvenienced 
chiefly l)y reason of the nature and character of the list heretofore presented by your- 
self and Mr. Logan for segregation, that the preliminary work has continued since 
early in October, and now this office is directed to make a final report to the Com- 
mission as soon as possible. It seems probable that there will be very few instances 
in which any difference of opinion can exist as to what class any tract of land comes 
under. If it is an excluded class, that of course would settle the question; and as 
the classes to be included have been defined by the Commission, tliis should make 
your review of the segregation, with your knowledge of the lands you are particularly 
interested in, a very brief labor, and one that you can readily complete before this 
office makes its report. I hope to report to the Commission within not exceeding 
ten days, and as heretofore all data is open to your inspection." 

What he said about his lands was duly cited. 

To this communication no reply was received except a telegram announcing that 
he, accompanied by you, would be here December 21. 

Mr. Adams did so appear on that date, and he exhibited a bundle of papers which 
he said were bills of sale of land or improvements he had bought, and which he said 
he would leave with this office. He was told that the originals would be returned 
to him as soon as copies could be made, but he failed to leave the papers. 

On the 22d instant, at Muskogee, INlr. Adams made to me the same statement 
about leaving the bills of sale, but he did not leave them; and to this date he has 
furnished the Commission no evidence of the persons from whom he acquired these 
lands, upon what terms, or by what authority, except such general statements as I 
have enumerated. He does not avail himself of the repeated offers of access to all 
of our records in this business, nor does he submit any evidence that the lands he 
claims are not rightfully held as shown by our improvement plats and other evidence 
of record. He can not" reasonably ask the Commission to delay without limit, nor 
expect to gain his case by simply making complaint and withholding the evidence. 

In answer now more specifically to your proposal, as at present advised, I do not 
see that this office, under its instructions, can accede to the proposition. 

As j'ou say, Mr. Adams "expended his own money" under a belief that his 



(l2 MEMORIAL OF THE DELAWARE INDL\XS, 

client?: would " reimburge him." etc. In other words, he indulged in a business trans- 
action and apparentl.v with a view of the law respecting the making of the Delawai' 
segregation greatly at variance from that held by the Commission. According to tl 
doctrine laid down by Mr. Walter S. Logan, counsel for the Delawares, and accoi 
ing to the way the Adams and Logan list of land for segregation now seems to ha\ . 
been made up. there was no need for Mr. Adams to expend his money except i"' 
his personal benelit and profit. Mr. Logan, in his letter of December 3. .says: 

"The agreement between the Delawares and the Cherokees of April 8, 1867. pr 
vided that — 

" ' The selection of the lands to be purcha.<ed by the Delawares may be made 1 
said Delawares in any part of the Cherokee Reservation east of the said line of 1*0 
not already selected and in the possession of other parties.' 

"The Delawares, therefore, are to make their own selections. 

"The selections they have made are on file with you. The onh- question that 
can arise, tlierefore, is as to whether any part of the lands so selected were ' already 
selected and in the possession of other parties,' within the meanuigof the agreement. 

"The phrase 'already selected and in the possession of other parties' refei'^. of 
course, to the date of agreement, that is, April 8, 1867. If it is claimed, therefor- 
that any part of these lands were not open to Delawares to select, it must l)e becau- 
on April 8, 1867, they had been 'already selected and in the pos.session of otL' 
parties,' who are now claiming them. It is not enough that the lands should ha 
been 'selected.' They must have been not only 'selected' but in the actual ' p' - 
session of other parties.' * * * We are entitled to have segregated to us ti 
lands which we have selected and which were not on April 8, 1867, ' already select< 
and in the possession of other parties,' and such other lands as we may hereaftti 
select in the place of those which it may determine Mere on the date 'already 
selected and in the possession of other parties. ' ' ' 

Also, according to our record, some 16.000 acres of land, belonging to nearly ./ 
Cherokees, was thus arbitrarily put into that Ust for segregation. All this casts gra\ . 
doubt upon the correctness of the status of Mr. Adams's lands, as defined by him. 

As you are aware, the Commi.«sion, on December 10, adopted the followini: 
resolution: 

" J^< -«o/(C(7, That the Delaware segregation shall consist — 

"First. Of the lands shown by the records of the Commission to be selected anl 
occupied by living registeretl Delawares, in accordance with the treaty of April >. 
1867, to the extent of 160 acres per capita of said living registered Delawares. sa: ■ 
160 acres to contain, as far as may be, the principal improvements of said livi; ^ 
registered Delawares. 

"Second. Of lauds shown to have been selected ]>y a deceased registered Delawa: 
under said treaty of April 8. 1867, to the extent of 160 acres per capita of land - 
selected and occupied and which is found now to be in the possession of a descendant 
of such deceased registered Delaware, said land to contain, a^ far as may be, the 
principal improvements of said deceased registered Delaware. 

"Third. Of pubfic land, in addition to the foregoing, sufficient to make up a total 
of 157.600 acres for this segregation. 

"The connnissioner in charge of the Cherokee land office is directed to prepare a 
list of the foregoing lands as soon as possible and to report to the Commission. 

"And on December 23 the Commission adopted the following resolution: 

" 'Re-sohed, That after hearing argument in regard to making the Delaware segre- 
gation the Commission concludes not to change the instructions heretofore given in 
regard thereto. The lands of the pu]:»lic domain placed in said segregation shall be. 
as far as possible, such as will not serve as a means of excess land holding by indi- 
viduals for their personal profit.' " 

These resolutions reflect clearly the Commission's view of the law respecting 1 1 
making of the Delaware segregation. Even if ^Ir. Adams's present contention as 
his lands is correct — that he bought them for his clients, the Delawares — it sti;) 
remains that each piece of land would have to come under the foregoing rules, and it 
seems clear to me that my instructions would exclude possibly all of it from the \\>t 
I am directed to submit to the Commission. 

I do not enter upon other features of the case, such as the power of the Commi>- 
sion to make such an arrangement, the effect of incumbrances upon the land, anl 
the inevital)le perver,<ion of the Commission to functions of a pergonal and private 
character, such as the excess holding of land and the collection of debts that have i 
.security in law. It does not appear necessary to go into the.*e matters except to su. 
gest them, for, so far as my duty is concerned, Mr. Adams's transaction, in print ;- 
pie and from the beginning, seems to me to l>e contrary to what I am directed t' > 
recognize as lawful, except in so far as he may be able to show selections in which 



MEMOKIAL OF THE DELAWARE INDIANS. 63 

he is personally interested as a registered Delaware or as an heir of a registered Dela- 
ware, to the extent of 160 acres of land per capita, as laid down in the resolution. 
Respectfully, 

C. R. Breckixridge, 
Commissioner in Charge Cherokee Land Office. 

Hon. James K. Jones, WasJtington, D. C. 



Exhibit 22. 

Commission to the Five Civilized Tribes, 

Tahlequah, Lid. T., December 26, 1903. 
Dear Sir: I am in receipt of your letter of the 2.3d instant in regard to the position 
of the Commission concerning the selection of land for the Delawai'e segregation. 

For convenience of reference, I insert the instructions under which this Office is 
acting, and then I will reply to your statements in the order in which you present 
them. 

[Resolutions of December 10, 1903.] 

"Resolved, That the Delaware segregation shall consist — 

"First. Of lands shown by the records of the Commission to be selected and occu- 
pied by living registered Delawares, in accordance with the treaty of April 8, 1867, 
to the extent of 160 acres per capita of said living registered Delawares, said 160 
acres to contain, as far as may be, the princijial improvements of said living regis- 
tered Delawares; 

"Second. Of lands shown to have been selected by a deceased registered Delaware 
under said treaty of April 8, 1867, to the extent of 160 acres per capita of land so 
selected and occupied, and which is found now to be in the possession of a descend- 
ant of such deceased registered Delaware, said land to contain, as far as may be, the 
principal improvements of said deceased registered Delaware; 

"Third. Of public laud, in addition to the foregoing, sufficient to make up a total 
of 157,600 acres for this segregation. 

" The commissioner in charge of the Cherokee land office is directed to prepare a 
list of the foregoing lands as soon as possible and to repoi't to the Commission." 

[Resolution of December 22. 1903.] 

"Resolved, That after hearing argument in regard to making the Delaware segrega- 
tion, the Commission concludes not to change the instructions heretofore given in 
regard thereto. The lands of the public domain placed in said segregation shall be 
as far as possible such as will not serve as a means of excess land holdings by indi- 
viduals for their personal jirofit." 

Your first statement is as follows: 

" 1 understood you last night to say in my conversation with you that the position 
of the Commission is that no land held, occupied, or improved by any descendant 
of a registered Delaware shall be included under any circumstances in the Delaware 
segregation unless it was shown that such land has been occupied by a registered 
Delaware and was held by a complete chain of title as to improvements, of course, 
from said original registered Delaware to the present holder." 

The foregoing is partly right and partly wrong. 

Under section 2.3 of the last Cherokee agreement it is directed that — 

" * * * the Commission shall cau.se to be segregated one hundred and fifty- 
seven thousand six hundred acres of land * * * ." 

It is further directed that such segregation shall include — 

" * * * lands which have been selected and occupied by Delawares in con- 
formit}^ to the provisions of their agreement with the Cherokees dated April eight, 
eighteen hundred and sixty-seven * * * ." 

This office considers its instructions clear that onh- land " selected and occupied " 
by living or deceased registered Delawares has been selected and occupied " in con- 
formity to the provisions of their agreement with the Cherokees dated April eighth, 
eighteen hundred and sixty-seven." 

The instruction is deemed e(inally clear that such land could only be so selected 
and occupied by said registered Delawares to the extent of 160 acres per capita. 

Therefore, as to the category of "selected and occupied" Delaware land, no descend- 
ant, not himself a registered Delaware, is deemed to have a right to designate land 



64 MEMORIAL OF THE DELAWARE INDIANS. 

for that classification, unless he holds land as a claimant thronjjh one or more deceased 
registered Delawares. That is deemed the limit of his right as respects the making 
of the segregation. If he has any special right as a Delaware, it is as respects the 
making of the segregation, protected as may be in the land taken from the public 
domain for the completion of the recjuired 157,600 acres. 

I do not feel that I am called upon to look closeh' into there being "a complete 
chain of title." I consider, however, that there must be evidence of continued 
possession. 

The succeeding part of your letter is as follows: 

"I also understood you to say that it was the intention of the Commission after 
ascertaining what lands had been taken possession of by original Delawares and con- 
tinuously held as indicated above, that all the remainder of the proposed segregation 
of 157,600 acres would be selected out of the public domain and include only such 
lands as were unimjiroved and unclaimed by any Cherokee, and that any lands held 
by any descendant of a registered Delaware, which had not been originally taken up 
by a registered Delaware and continuously held as suggested above, would be 
excluded from said segregation absolutely and would become a part of the public 
domain, subject, as I infer, to occupation by Cherokee Indians but not open to occu- 
pation by a Delaware, not even the man who has lived on it for years and imj)roved 
it, unless it is claimed by him under his rights as a Cherokee; that no such land 
will in any event be included in the segregation. Please let me know if in the above 
I understood you correctly, and if not, wherein I misunderstood you and what the 
exact position of the Commission is as to lands which are held and have been 
improved by Delaware Indians, descendants of registered Delawares, but which 
lands were never held, so far as the records of the Commission show, by an original 
registered Delaware. 

"I respectfully request an answer at your early convenience to the above." 

The foregoing is suV)stantially replied to in what has been said in connection with 
the earlier part of your letter. 

As far as making this segregation is concerned, lands held by a descendant of a 
registered Delaware and not derived as a descendant from a registered Delaware are 
not deemed to " have been selected and occupied by Delawares" (a Delaware) "in 
conformity to the provisions of their agreement with the Cherokees dated April 
eighth, eighteen hundred and sixty-seven," which is the rule laid down in the law 
directing the making of the segregation. 

That is the way I construe my instructions, and it is the way I am making up the 
list for the Commission to pass upon. So far as the Commission is concerned, as at 
present informed and in the absence of any contrary instructions, this claimant, if 
he individually holds land not as herein set forth, is deemed an excess landholder, 
with no right to seek cover under the Delaware segregation. If he so holds much 
land he is deemed only to have enjoyed the use of an excess of land, and must now 
yield it up, having a special right, if any, only in the reserved part of the public 
domain, as the court may decide. 

In conclusion I will say that I consider it within the spirit of my instructions to 
offer of the public domain, good average land, if such can be had without jiractically 
aiding and abetting excess land holdings by individuals. So far I do not find much, 
if any, of the better i)artof the remaining public domain so situated, and so I am pre- 
paring to recommend to the Connnission the cheaper parts of the public domain, 
when that has to be drawn upon, as the only availal)le means of com])leting the 
segregation without, in effect, conniving at very gross violations of law in other par- 
ticulars. 

There is no evidence that the Delawares, acting under their agreement of 1867, 
ever "selected and occupied" land except as individuals, settling somewhat indis- 
criminately among the Cherokees, and hence the inclusion of such land now is of 
necessity limited to the evidence of such former individual selections. 
Respectfully, 

C. R. BllECKEXRIDCiE, 

('onuiiis.sioner in Charge Cherokee iMvd Office. 
Hon. J.\MEs K. Jones, 

WasJiingion, 1). C. 



ExniHiT 23. 
UNrrEU States of Americ.\, 

Indian Territory, office of tlie clerk of (he court i if appeals. 
I, AVilliam P. Freeman, cli-rk of the United States court of appeals in the Indian 
Territory, do hereby certify that the annexed six pages contain a true, complete and 



MEMORIAL OF THE DELAWARE INDIANS. 65 

full copy of the articles of association and certificate of the board of directors of 
Internatic^nal Bank and Trust Company, of Vinita, Indian Territory. 

(Endorsed:) "Filed in the office of the clerk of the United States court of appeals 
in the Indian Territory this 11th day of February, A. D. 1903," as appears by com- 
paring the same with the original roll of said articles of association and certificate 
now on tile in this office. 

In testimony whereof I have hereunto set my hand and affixed my seal at the 
city of South McAlester, Indian Territoiy, this 3rd day of October, A" D. nineteen 
hundred and three (1903). 

[seal.] Wm. p. Freeman, 

Cleric U. S. Court of Appeals, I. T. 

Articles of agreement and incorporation of the International Bank and Trust Company. 

Know all men by these presents: 

That the corporators hereinafter named have this day and by these presents 
formed a corporation under and in pursuance of an act of Congress approved Febru- 
ary 18th, 1901, entitled "An act to put in force in the Indian Territory certain provi- 
sions of the laws of Arkansas relating to corporations, and to make said provisions 
applicable to said Territory," which said act provides for incorporations for manufac- 
turing and other lawful business purposes in the Indian Territory, and in evidence 
thereof do hereby execute the following articles of incorporation. 

First. The name of said corporation shall be International Bank and Trust 
Company. 

Second. The corporators are H. J. Hamlin, Alfred Orendorff, J. VV. Orr, Thomas 
B. Needles, Charles A. Davidson, John G. Drennan, Edward L. Merritt, Isaac B. 
Craig, and Isaac N. Perry. 

Third. The place of business is to be located at Vinita, Indian Territory, and its 
office for transaction of business shall be in Vinita, Indian Territory, or at such 
other place as the board of directors may select. 

Fourth. The general nature of the business proposed to be transacted by this 
corporation is: 

To act as agent, trustee, assignee, executor, administrator, guardian, receiver, or 
other personal or legal representative when designated by any person, copartnership, 
corporation, or court so to do; to do a general fiduciary and depository business; to 
act as surety and guarantor of the fidelity of employees, trustees, executors, admin- 
istrators, guardians, receivers, assignees, or others appointed to or assuming the per- 
formance of any trust, public or private, under appointment by any court or tribu- 
nal, or under contract between private individuals or corporations; also on any 
undertaking bond or bonds which may be required to be filed in any judicial pro- 
ceeding; to act as executor or testamentary guardian when designated as such by 
will or by act as administrator or guardian when appointed by any court or judicial 
officer or bodj' having jurisdiction; to do a general banking business; to receive 
deposits payable on demand; to receive time deposits on which interest may be 
allowed at such rate as agreed ; to buy and sell, exchange, and to do all such other 
things as are necessary in conducting a general banking business; to hold, buy, sell 
and mortgage real estate and personal property, and to deal in, buy, and sell all 
kinds of government, state, municipal, and other bonds, and all kinds of negotiable 
and nonnegotiable paper, stocks, investments and other securities; to furnish abstracts 
of titles to all forms of realty and to guarantee title of all kinds; to conduct a general 
business of transferring, registering, and countersigning certificates of stock, bonds, or 
other securities and evidences of indebtedness; to furnish space and facilities for the 
safe keeping of papers and valuables capable of being cared for by the company, and 
to receive deposits and safeguard the same; and it shall have poAver to do all lawful 
things appropriate or necessary to the accomplisliment of all the aforesaid purposes. 

Fifth. The amount of capital stock of said corporation shall be one hundred thou- 
sand dollars, of which one hundred thousand dollars has been subscribed b}^ the 
corporators aforesaid, and the residue thereof may be issued and disposed of as the 
board of directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into four thousand shares of the value of 
$25 each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled by a board of directors consisting of seven members, all of whom shall be 
stockholders of the corporation. Said boArd of directors shall elect one of its mem- 
bers as president and one of its members as vice-president, and shall also elect a 
secretary and treasurer. 

Eighth. The first election of directors shall be held immediately after the organi- 

S. Doc. 58 .5 



QQ MEMORIAL OF THE DELAWARE INDIANS. 

zation of the corporation, and said directors shall serve for one year, and until their 
successors are elected. 

Ninth. The board of directors are empowered to ordain and establish all by-laws 
and re.iiulations necessary to the management and Inisiness of said corporation, and 
alter and repeal same at pleasure. 

Tenth. The first meeting of said corporators for organization shall be held in Chi- 
cago, Illinois, at the office of Palmer House, at three o'clock p. m., on the 4th day 
of February, 190o. The subscribers hereto here))y waive notice of said meeting. 

In testimonv whereof, we have hereunto set our hands on this the fourth day of 
Februarv, 1903. 

Alfred Orendorff. 

Isaac B. Oraig. 

H. J. Hamlin. 

J. W. Orr. 

Edward L. Merritt. 

Charles A. Davidson. 

John G. Dkexnan. 

Isaac N. Terry. 

T. B. Needles. 

CERTIFICATE. 

AVhereas H. J. Handin, Alfred Orendorff, J. W. Orr, Thomas B. Needles, 
Charles A. Davidson, Juhn (t. Drennan, Edward L. ^Nlerritt, Isaac N. Craig, and 
Isaac N. Perry have associated themselves together as a body politic and corporate, 
to be known as International Bank and Trust Company. 

And whereas the said corporators, being the subscribers to the capital stock of 
the said corporation, have waived the fifteen days' notice as required by law, and 
called a meeting for organization to be held in Chicago, Illinois, at the office of 
Palmer House, at three o'clock p. m., on the fourth day of February, 1903; 

Whereas at the time and place above set out a meeting of the subscribers afore- 
said was held to organize said corporation and elect seven directors. And, 

Whereas at said meeting the following-named persons were elected directors, to 
wit: H. J. Hamlin, Alfred Orendorff, Tlaomas B. Needles, J. W; Orr, Charles A. 
Davidson, John C Drennan, and Isaac N. Perry. 

Whereas at a meeting of the said board of directors Alfred Orendorff was elected 
president, and J. W. ( )rr and Thomas B. Needles were elected vice-presidents, nnd 
Charles A. Davidson was elected secretary and treasurer. 

Now, therefore, the said Alfred Orendorff as president, and the said H. J. Han, 
Alfred Orendorff, Thomas B. Needles, J. W. Orr, Charles A. Davidson, John 
Drennan, and Isaac N. Perry as directors, do, in pursuance of law, issue this ti 
certificate, verified by their oaths, and do hereby certify as follows: 

First. Said corj)oration is formed for the purpose of transacting the follow 
business: 

To act as agent, trustee, assignee, executor, administrator, guardian, receiver, 
other personal or legal re]>resentative when designated by any person, copartnersh 
corporation, or court so to do; to do a general fiduciary and depository business; 
act as surety and guarantor of the fidelity of employees, trustees, executors, admin 
trators, guardians, receivers, assignees, or others appointed to or assuming the p( 
formance of any trust, public or private, unfler appointment l)y any court or tribuni 
or under contract between private individuals or corporations: also on any unde. 
taking, bond or bonds, which may be recjuired to be filed in any judicial proceediiij. 
to act as executor or testamentary guardian when designated as such by will or to ac*^ 
as administrator or guardian when apiiointed by any court or judicial officer or bod> 
having jurisdiction; to do a general l)ankiiig business; to receive deposits })ayable o" 
demand; to receive time dejtosits, on which interest may be allowed at such rate a 
agreed; to buy and sell exchange and to do all such other things as are necessary iii 
conducting a general l)anking business; to hold, l)uy, sell, and mortgage real estat( 
and personal property, and to deal in, buy, and sell all kinds of Government, State, 
municipal, and other bonds, and all kinds of negotiable and nonnegotiable paper, 
stocks, investments, and other securities; to furnish abstracts of titles to all forms 
of realty and to guarantee titles of all kinds; to conduct a general business of trans- 
ferring, registering, and countersigning certificates of stock, bonds, or other securi- 
ties and evidences of indebtedness; to furnish spare and facilities for the safe-keeping 
of papers and valuables callable of being cared for by the company and to receive 
deposits and safeguard the same; and it shall have jiower to do all lawful things 
appropriate or necessary to the accomplishment of all the aforesaid purposes. 



MEMORIAL OF THE DELAWARE INDIANS. 67 

Second. Its cai:)ital stock is one hundred thousand dollars, divided into shares of 
$25.00 each. 

Third. Twenty-five thousand dollars of said capital 'stock have been actuallj' paid 
in by the subscribers thereto. 

Fourth. The names of the stockholders and the number of shares owned by them, 
respectiA'ely, is as follows: 

Number of shares. 

Alfred Orendorff 600 

Jas. ^y. Orr 1, 000 

H. J. Hamlin 800 

Isaac N. Perry 400 

Isaac B. Craig ■ 400 

John G. Drennan 200 

Thomas B. Needles 200 

Charles A. Davidson 200 

Edward L. Merritt 200 

In testimony whereof the said Alfred Orendorff, president of said corporation, 
and H. J. Hamlin, Thomas B. Needles, J. W. Orr, Charles A. Davidson, John G. 
Drennan, and Isaac X. Perry, a majority of the board of directors of said corporation, 
have hereunto set their hands on tjiis fourth day of February, 1903. 

Alfred Orendorff, 

President. 
John G. Drennan, 
J. W. Orr, 
Isaac N. Perry, 
H. J. Hamlin, 

Directors. 
United States of America, 

State of Illinois, Cook County, ss: 
Alfred Orendorff, Isaac N. Perry, J. W. Orr, John G. Drennan, and H. J. Hamlin, 
on their oaths say that the matters and things in the foregoing certificate set out are 
true to the best of their knowledge and belief. 

Alfred Orendorff. 
Isaac N. Perry. 
J. W. Orr. 
John G. Drennan. 
H. J. Hamlin. 

''Subscribed and sworn to before me, this the 5th day of February, 1903. 
In testimony whereof I have hereunto set my my hand and seal of office. 
[seal.] Francis V. Putman, 

Notary Public. 



Exhibit 24. 
xiTED States of America, 

Indian Territory, office of the Clerk of the Court of Appeals: 
I, William P. Freeman, clerk of the LTnited States court of appeals in the Indian 
jlerritory, do hereby certify that the annexed six pages contain a true, complete, and 
■^full copy of the articles of association and certificate of the board of directors of 
A^Tishomingo Loan and Trust Company, of Tishomingo, Indian Territory. 
' (Endorsed:) "Filed in the office of the clerk of the United States court of appeals 
^ in the Indian Territory this 27th day of June, A. D. 1903." As appears by comparing 
'' the same with the original roll of said articles of association and certificate now on 
'"file in this office. 

^' In testimony whereof I have hereunto set my hand and affixed my seal, at the city 
<it South McAlester, Indian Territorv, this 3rd" day of October, A. D. nineteen huri- 
^ died and three (1903). 

[seal.] Wm. p. Freeman, 

Clerk r. S. Court of Appeals, I. T. 

Articles of agreement and incorporcdion of ll.'^homingo Loan and Trust Company, 
Tishomingo, Indian Territory. 

Know all men by these presents: 

That the corporators hereinafter named have this day, and by these presents, 
formed a corporation under and in pursuance of an act of Congress approved Feb- 



68 MEMORIAL OF THE DELAWARE INDIANS. 

ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain 
provisions of the laws of Arkansas relating to corporations, and to make said provi- 
sions applicable to said Territory," which said act provides for incorporations for 
manufacturing and other lawful business purposes in the Indian Territory, and in 
evidence thereof do hereby execute the follcjwing articles of incorporation: 

First. The name of said corporation shall be Tishomingo Loan and Trust C'om]iany. 

Second. The corporators are J. J. Downey, J. A. Orendorff, W. M. Lucas, A. B. 
Dunlap, and V. T. Foley. 

Third. The place of l)usiness is to be located at Tishomingo, Indian Territory, and 
its office for transaction of Ijusiness shall be in Tishomingo, Indian Territory, or at 
such other place as the board of directors may select. 

Fourth. The general nature of the business proposed to be tr'an.sacted by this cor- 
poration is to act as agent, trustee, guardian, administrator, etc.; to furnish abstracts 
of title to realty; to buy, sell, lease and sublease lands, and to deal in and buy and 
sell (Government, State," municipal, and other bonds; and to conduct a general busi- 
ness transferring, registering, and countersigning certificates of stock. 

Fifth. The amount of capital stock of said corporation shall be fifty thousand 
(150,000) dollars, of which thirty-four thousand dollars has been subscribed by the 
corporators aforesaid, and the residue thereof may be issued and disposed of as the 
board of directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into two thousand shares, of the value of 
$25.00 each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled by a board of directors consisting of seven members, all of whom shall be 
stockholders of the corporation. Said board of directors shall elect one of its mem- 
bers as vice-president, and shall also elect a secretary and treasurer. 

Eighth. The first election of directors shall be held immediately after the (irgani- 
zation of the cor|>oration, and said directors sliall serve for one year and until their 
successors are elected. 

Ninth. The board of directors are empowered to ordain and establish all Ijy-laws 
and regulations necessary to the management and business of said corporation, and 
alter and repeal the same at pleasure. 

Tenth. The first meeting of said corporators for organization shall be held in Tisho- 
mingo, Indian Territory, at the office of First National Bank, at three o'clock p. m., 
on the 24th day of June, 1908. The subscribers hereto hereby waive notice of said 
meeting. 

In testimonv whereof we have hereunto set our hands on this the 24th dav of June, 
1903. 

J. J. Downey. 
W. M. Lucas. 
J. A. Orendorff. 
A. B. DuxLAP. 

P. T. FOLEV. 
CERTIFICATE. 

Whereas J. J. Downev, Tishomintio, I. T. ; J. A. Orendorff, Tishomingo, I. T. ; 
AV. \r. Lucas, Tishomingo, I. T.; A. B. Dunlap, Holdenville, I. T., and P. T. Foley, 
Parsons, Kas., have as.sociated themselves together as a body politic and corpi irate, 
to be known as Tishomingo Loan and Trust Company; 

And whereas the said corporators, being the subscribers to the capital stock of 
said corporation, have waived the fifteen days' notice as required by law, and called 
a meeting for organization to be held in Tishomingo, I. T., at the office of First 
National Bank, at 8 o'clock p. m. on the 24th day of June, 1903; 

Whereas at the time and place above set out, a meeting of the subscribers afore- 
said was held to organize said corporation and elect seven directors; and 

Whereas at said meeting the following-named jiersons were elected directors, to 
wit: W. E. Stanley. Wichita, Kas.; P. S'. Moseley, Tishomingo, I. T.; P. T. Foley, 
Parsons, Kas.; A. B. Dunlap, Holdenville, I. T. ; W. M. Lucas, Tishomingo, I. T. ; 
J. J. Downey, Tishomingo, I. T., and J. A. Orendorff, Tishomingo, I. T. ; 

Whereas at a meeting of the said board of directors, P. T. Foley was elected presi- 
dent, and W. R. Stanley and P. S. JVIoseley was elected vice-president, and John A. 
Orendorff was elected secretary, and James J. Downey was elected treasurer: 

Now. therefore, the said P. T. Foley, as iiresident, and the said J. J. Downey, 
J. A. Orendorff, \V. yi. Lucas, and A. B. Duidap, as directors, do, in pursuance of 
law, issue this their certificate, verified by their oaths, and do hereby certify as 
follows: 



MEMORIAL OF THE DELAWARE INDIANS. 69 

First. Said corporation is formed for the purpose of: 

To act as agent, trustee, assignee, executor, administrator, guardian, receiver, or 
other personal or legal representative, when designated by any person, copartnership, 
corporation, or court so to do; to do a general fiduciary and "depository business; to 
act as surety and guarantor of the fidelity of employees, trustees, executors, adminis- 
trators, guardians, receivers, assignees, ur others appointed to or assuming the per- 
formanceof anj' trust, public or private, under appointment by any court or tribunal, 
or under contract between private individuals or corporations, also on any under- 
taking, bond, or bonds which may be required to be filed in any judicial proceed- 
ing; to act as executor or testamentary guardian, when designated as such by will or 
by act as administrator or guardian, when appointed by any court or judicial officer or 
body having jurisdiction; to do a general banking business; to receive deposits pay- 
able on demand; to receive time deposits on which interest may be allowed at such 
rate as agreed; to buy and sell exchange, and to do all such other things as are neces- 
sary in conducting a general banking liusiness; to hold, buy, sell, and mortgage real 
estate and personal projaerty, and to deal in, buy, and sell all kinds of Government, 
State, municipal, and other bonds, and all kinds of negotiable and nonnegotiable 
paper, stocks, investments, and other securities; to furnish abstracts of titles to all 
forms of realty, and to guarantee title of all kinds; to conduct a general business of 
transferring, registering, and countersigning certificates of stock, bonds, or other 
securities and evidences of indebtedness; to furnish space and facilities for the safe- 
keeping of papers and valuables capable of being cared for by the company, and to 
receive deposits and safeguard the same; and it shall have power to do all lawful 
things appropriate or necessary to the accomplishment of all the aforesaid purposes. 

Second. The capital stock is fifty thousand dollars, divided into shares of $25.00 
each. 

Third. Six thousand and six hundred <lollarsof said capital stock have b>een actually 
paid in by the subscribers hereto. 

Fourth. The names of the stockholders and the number of shares owned by them, 
respectively, is as follows: 

No. of shares. 

P. T. Folev 200 

W. F. Stanley 200 

P. S. Moselev 200 

E. Jewett ..1 200 

A. B. Dunlap 200 

W. M. Lucas 200 

J. J. Downev 80 

J. A. Orendorff 80 

In testimony whereof the said P. T. Foley, president of said corporation, and J. J. 
Downey, J. A. Orendorff, W. M. Lucas, and A. B. Dunlap, a majority of the board 
of directors of said corporation, have hereunto set their hands on this 24th day of 
June, 190.3. 

P. T. Foley, 

Preiiidcnf. 
J. J. Downey, 
J. A. Orendorff, 
W. M. LrcAS, 
A. B. DrxLAP, 

Directors. 

United St.vtes of America, 

Indian Temtory, Soiithern D^drict, .s.s.- 
On this 24th day of June, 1903, personally appeared before me, a notary public of 
the above-named district, J. J. Downey, J. A. Orendorff, \V. M. Lucas, A. B. Dunlap, 
and P. T. Foley, on their oaths say that the matters and things in the foregoing cer- 
tificate set out are true to the best of their knowledge and belief. 

J. J. Downey. 

J. A. Orendorff. 

W. M. LuoAs. 

A. B. Dtnlap. 

P. T. Foley. 

Subscribed and sworn to before me this the 24th day of June, 1903. 
In testimonj' whereof I have hereunto set my hand and seal of office. 
[seal.] W. C. Rudisill, 

Notary Public. 



70 MEMORIAL OF THE DELAWARE INDIANS, 

Exhibit L'o. 

United States of America, 

fiidian Territory, office of the clerk of the court of appeals: 

I, William P. Freeman, clerk of the United States court of appeals in the Indian 
Territory, do hereby certify that the annexed seven pages contain a true, complete, 
and fuU'coiJy of the articles of association and certificate of the board of directors of 
Canadian Valley Trust Company, of ^Muskogee, Indian Territory. 

(Endorsed:) " Filed in the office of the clerk of the Cnited States court of appeals 
in the Indian Territory this 9th day of JNIarch, A. D. 1903," as appears by compar- 
ing the same with the original roll of said articles of association and certificate now 
on file in this office. 

In testim<;iny whereof I have hereunto set my hand and affixed my seal at the 
city of South McAlester, Indian Territory, this 3rd day of October, A. D. nineteen 
hundred and three (1903). 

[seal.] Wm. p. Freeman, 

Clerk U. S. Chart of Aj>pe«ls, I. T. 

ArtirleR of agreement avd incorpomtion of Odiadlan Volley 7V».s/ Cornpari)/. 

Know all men by these presents: 

That the corporators hereinafter named have this day and by these presents 
formed a corporation under and in pursuance of an act of Congress approved Feb- 
ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain 
provisions of the laws of Arkansas relating to corporations, and to make said pro- 
visions applicable to said Territory," which said act provides for incorporations for 
manufacturing and other lawful business purposes in the Indian Territory, and in 
evidence thereof do here1)y execute the following articles of incorporation: 

First. The name of said corporation shall l)e Canadian \'alley Trust Company. 

Second. The corporatcjrs are Tams Bixby, Walter S. Dickey, William H. Ludwig, 
Joseph McCoy, Philip B. Hopkins, C'ortland L. Long, William S. Harsha, William 
H. Angell, and Elmer W. McClure. 

Third. The i)lace of business is to be located at Muskogee, Indian Territory, and 
its office for transaction of business shall be in ^luskogee, Indian Territory, or at 
such other place as the board of directors may select. 

Fourth. Tlie general nature of the business proposed to V)e transacted by this cor- 
poration is to accept and execute all such trusts and perform such duties of every 
description as may be committeil to it by any person or persons whatsoever or any 
copartnership or corporation, and generally to have and exercise such powers as are 
usually had and exercised bj' trust companies. 

To act as agent for the investment of money for other persons and corporations, and 
as agent for persons and corporations for the purpose of issuing, registering, trans- 
ferring, or countersigning the certificates of stock, bonds, or other evidence of debt of 
any corporation, association, inunici})ality. Territorial, State, or public authority, on 
such terms as may be agreed upon. 

To hold, buj', sell, and deal in all kinds of (iovernment, Territorial, State, munici- 
pal, and other bonds, and all kinds of negotiable and nonnegotiable pajier, stocks, 
and other investment securities; to loan money upon real estate, personal, and other 
security, and to execute its notes and debentures, payable at a future date, and 
pledge its mortgages on real estate and other securities as security therefor. 

To receive moneys in trust and to accumulate tlie same at such rates of interest as 
may be obtained or agreed on, or to allow such interest thereon as may be agree<l, 
not exceeding in either case the legal rate; to receive deposits payable on demand; 
to buy and sell exchange, and to do all such other things as are necessary in con- 
ducting a general banking business. 

To buy, rent, sell, lease, and mortgage real estate; to build houses and other struc- 
tures thereon, and to otherwise improve the same. 

Fifth. The amount of capital stock of said corj)oration shall be one hundred thou- 
sand (100,000) dollars, of which forty-tive hundred dollars has been subscribed Ijy 
the corj)orators aforesaid, and the residue thereof may be issued and disposed of as 
the board of directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into four thousand shares of the value of 
$25.00 each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled by a board of directors, consisting of nine members, all of whom shall be 
stockholders of the corporation. Said board of directors shall elect one of its mem- 
bers as president and one of its members as vice-president and one of its members 
as second vice-president, and shall also elect a secretary and treasurer. 



MEMORIAL OF THE DELAWARE INDIANS. 7l 

Eig'hth. The first election of directors shall be held immediately after the orjjani- 
zation of the corporation, and said directors shall serve for one year, and until their 
successors are elected. 

Ninth. The board of directors are empowered to ordain and estal>lish all by-laws 
and regulations necessary to the management and business of said corporation, and 
alter and repeal same at pleasure. 

Tenth. The first meeting of said corporation for organization shall be held in Mus- 
kogee, Indian Territory, at the office of Tarns Bixby, at one o'clock p. m. on the 
23rd day of February, 1903. The subscribers hereto hereby waive notice of said 
meeting. 

In testimony whereof we have hereunto set our hands on this the tenth day of 
February, 1903. 

William H. Angell. 

Elmer W. McClure. 

Tams Bixby. 

Walter S Dickey. 

William H. Ludwig. 

Joseph McCoy. 

Philip B. Hopkixs. 

C'oRTLAXi) L. Long. 

William S. Harsh a. 

certificate. 

Whereas Tams Bixby, Walter S. Dickey, William H. Ludwig, Joseph McCoy, 
Philip B. Hopkins, Cortland L. Long, William S. Harsha, William H. Angell, and 
Elmer AV. McClure have associated themselves together as a body politic and corpo- 
rate to be known as Canadian Valley Trust Comi^any; and 

Whereas, the said corporators, being the subscribers to the capital stock of said 
corporation, have waived the fifteen days' notice as required by law and called a 
meeting for organization, to be held in Muskogee, Indian Territory, at the office of 
Tams Bixby, at one o'clock p. m. on the 23rd day of February, 1903; and 

Whereas at the time and place above set out a meeting of the subscribers aforesaid 
was held to organize said corporation and elect nine directors; and 

Whereas at said meeting the following-named persons were elected directors, to wit: 
Tmnt' Bixby, Walter S. Dickev, William H. Ludwig, Joseph McCoy, Philip B. Hop- 
kins, Cortland L. Long, William S. Harsha, William H. Angell, and Elmer W. 
McClure. 

Whereas at a meeting of the said board of directors, Tams Bixby was elected presi- 
dent, and Cortland L. Long was elected vice-president, and Philip B. Hopkins was 
elected second vice-president and secretary, and William S. Harsha was elected 
treasurer. 

Now, therefore, the said Tams Bixby, as president, and the said Walter S. Dickey, 
William H. Ludwig, Joseph McCoy, Philip B. Hopkins, Cortland L. Long, William 
S. Harsha, William H. Angell, and Elmer W. McClure, as directors, do, in pursu- 
ance of law, issue this, their certificate, verified by their oaths, and do hereby certify 
as follows: 

First. Said corporation is formed for the purpose of accepting and executing all 
such trusts, and performing such duties of every description as may be committed to 
it by any person or persons whatsoever, or any copartnership or corporation, and 
generally to have and exercise such powers as are usually had and exercised by trust 
companies. 

To act as agent for the investment of money for other persons and corporations, 
and as agent for persons and c<>rj)orations for the purpose of issuing, registering, 
transferring, or countersigning the certificates of stock, bonds, or other evidence of 
debt of any corporation, association, municipality, Territorial, State, or public author- 
ity, on such terras as may be agreed upon. 

To hold, buy, sell, and deal in all kinds of Government, Territorial, State, munici- 
pal, and other bonds, and all kinds of negotiable and nonnegotiable paper, stocks, 
and other investment securities; to loan money upon real estate, personal, and other 
security; and to execute its notes and debentures, payaVjle at a future date, and 
pledge its mortgages on real estate and other securities as security therefor. 

To receive moneys in trust, and to accumulate the same at such rates of interest as 
may be obtained or agreed on, or to allow such interest thereon as may he agreed, 
not exceeding in either case the legal rate; to receive deposits payable on demand; 
to buy and sell exchange, and to do all such other things as are necessary in conduct- 
ing a general banking business. 



72 MEMORIAL OF THE DELAWARE INDIANS. 

To buy, rent, sell, lease, and mortgage real estate, to build houses and other 
structure's thereon, and to otlierwise improve the same. 

Second. Its capital stock is one hundred thoumnd dollars, divided into shares of 
125.00 each. 

Third. Forty-tire hundred dollars of said capital stock have been actually paid in by 
the subscribers hereto. 

Fourth. The names of the stockholders and the number of shares owned by them, 
respectively, is as follows: 

No. of shares. 

Tarns Bixbv 20 

Walter S. Dickey 20 

William H. Ludwig 20 

Joseph :\IcCoy 20 

Philip B. Hopkins 20 

Cortland L. Long 20 

William S. Harsha 20 

William H. vVngell 20 

Elmer W. McClure 20 

In testimony whereof, the said Tarns Bixby, president of said corporation, and 
Cortland L. Long, William S. Harsha, ^Villiam H. Angell, Elmer W. ]McClure, 
Joseph IMcCoy, and Philip B. Hojokins, a majority of the board of directors of said 
corporation, have hereunto set their hands on this 23rd day of Fel)ruary, lOO:-'. 

Tams Bixby, 

President. 
Elmer W. INIcClure, 
Joseph ]\IcCoy, 
Philip B. Hopkins, 
Cortland L. Long, 
William S. Harsha, 
William H. Angell, 

Directors. 

United States op America, 

Indian Territory, Western district, ss.: 
Tams Bixby, Cortland L. Long, William S. Harsha, William H. Angell, f^merW. 
McClure, Joseph McCoy, and Philip L. Hopkins, on their oaths say that the matters 
and things in the foregoing certificate set out are true, to the best of their knowledge 
and belief. 

Tams Bixbv. 

Williams. Harsha. 

William H. Angell. 

Elmer W. McClure. 

Joseph McCoy. 

Philip B. Hopkins. 

Subscribed and sworn to before me, this the 23rd day of February, 1903. 

In testimony whereof I have hereunto set my hand and seal of office. 

[seal.] W. S. Boren, Xotary Puhlic 



Exhibit 26. 
United States of America, 

Indian Territory. Ojfice of the Clerk of the Court of Appeals. 

I, William P. Freeman, clerk of the United States court of appeals in the Indian 
Territory, do hereby certify that the annexed four pages contain a true, complete, 
and full copy of the articles of association and certificate of the board of directors of 
the Muskogee Title and Trust Company, of Muskogee, Indian Territory. 

(Endorsed:) "Filed in the office of the clerk of the United States court of appeals 
in the Indian Territcuy, this 25th day of Fel)ruary, A. D. 1903," as appears by com- 
paring the same with the original roll of said articles of association and certificate 
now on file in this office. 

In testimony whereof I have hereunto set my liand and affixed my seal, at the 
city of South 3IcAlester. Indian Territory, this .'Jrd day of October, A. D. nineteen 
hundred and three (1903). 

[seal.] W.m. p. Freeman, 

Clerk r. *S'. Court of Appeals, I. T. 



MEMORIAL Oi^ THE DELAWARE INDIANS. 73 

Aiiirltfs of agreement and incorporation of tlw Muskogee Title and Trust Compani/. 

Know all men by these presents: 

That the corporators hereinafter named have this day, and by these presents, 
formed a corporation under and in pursuance of an act of" Congress, approved Feb- 
ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- 
visions of the laws of Arkansas relating to corporations and to make said provisions 
applicable to said Territory," which said act provides for incorporations for manu- 
facturing and other lawful business purposes in the Indian Territory, and in evidence 
thereof do hereby execute the following articles of incorporation: 

First. The name of said corporation shall be The Muskogee Title and Trust 
Company. 

Second. The corporators are Tams Bixby, J. L. Dabbs, I). H. Middleton, Thomas P. 
Smith, J. L. Blakemore, F. C. Hubbard, Simon Garigan, Leo E. Bennett, A. C. 
Trumbo, J. Geo. Wright, N. A. Gibson, Joseph Sondheimer, and R. A. Evans. 

Third. The place of business is to be located at Muskogee, Indian Territory, and 
its office for transaction of business shall be in Muskogee, Indian Territory !i or at 
such other ])lace as the board of directors may select. 

Fourth. The general nature of the business proposed to be transacted by this cor- 
poration is to engage in a general loan and trust business, and a general banking 
business, to become surety upon official and other bonds, to conduct a general invest- 
ment and brokerage business, to act as special and general agent, to act as adminis- 
trator, executor, curator, and guardian, to conduct a general real estate and insurance 
business, to make and furnish abstracts of title, and to insure and guarantee titles, to 
act as receiver, assignee, and trustee, and in a general fiduciary capacity, to buy, sell, 
own, and lease land, to buy and sell stocks and bonds of other corporations. 

Fifth. The amount of capital stock of said corporation shall be two hundred and 
fifty thousand dollars; of which twenty-one thousand five hundred dollars has been 
suVjscribed by the corporators aforesaid, and the residue thereof n^ay be issued and 
disposed of as the board of directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into ten thousand shares, of the value of 
$25.00 each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled 1)y a board of directors consisting of eleven members, all of whom shall be 
stockholders of the corporation. Said board of directors shall elect one of its mem- 
bers as president and one of its members as vice-president, and shall also elect a secre- 
tary and treasurer. 

Eighth. The first election of directors shall be held immediately after the organi- 
zation of the corporation, and said directors shall serve for one year and until their 
successors are elected. 

Xinth. The board of directors are empowered to ordain and establish all by-laws 
and regulations necessary to the management and biisiness of said corporation, and 
alter and repeal same at pleasure. 

Tenth. The first meeting of said corporators for organization shall be held in Mus- 
kogee, Indian Territory, at the office of the First National Bank, at 3.30 o'clock p. m., 
on the 24th day of February, 1903. The subscribers hereto hereby waive notice of 
said meeting. 

In testimony whereof we have hereunto set our hands on this the 24th day of Feb- 
ruary, 1903. • 

Tams Bixby. 
Thos. p. Smith. 
J. L. Blakemore. 
J. L. Dabbs. 
A. C. Trumbo. 
D. H. Middleton. 
Leo E. Bexxett. 

F. C. HlBBARD. 

N. A. Gibson. 

CERTIFICATE. 

Whereas Tams Bixby, J. L. Dabbs, D. H. Middleton, Thomas P. Smith, J. L. 
Blakemore, F. C. Hubbard, Simon Garigan, Leo E. Bennett, A. C. Trumbo, J. Geo. 
Wright, and N. A. Gibson have associated themselves together as a body politic and 
corporate, to be known as the Muskogee Title and Trust Company. 

And whereas the said corporators, being the subscribers to the capital stock of the 
said corporation, have waived the fifteen days' notice as required by law, and called 



74 MEMOKIAL OF THP] DELAWARE INDIANS. 

a meeting for orjjjaiiization, to be held in Muskogee, Indian Territory, at the ottice 
of the First National Bank, at 3.30 o'clock p. m., on the 24th day of February, 1903. 

Whereas at the time and place above set out a meeting of the subscribers aforesaid 
was held to organize said corporation and elect eleven directors; and 

Whereas at said meeting the following named persons were elected directors, 
to wit: Tarns Bixby, J. L. Dabbs, D. H. Middleton, Thomas P. Smith, J. L. iUake- 
more, F. C. Hubbard, Leo PI Bennett, A. C. Trumbo, Joseph Sondheimer, X. A. 
Gibson, and R. A. E\ans; and 

Whereas at a meeting of the said board of directors J. L. Blakemore was elected 
president, and F. C. Hubbard and Thos. P. Smith were elected vice-presidents, and 
N. A. (tIIisou was elected secretary, and J. L. Dabbs was elected treasurer. 

Now, therefore, the said J. L. Blakemore, as i)resident, and the said Tams Bixby, 
J. L. I)a1)bs, D. H. Middleton, Thomas P. Smith, F. C. Hubbard, Leo E. Bennett, 
A. C. Trumbo, Joseph Sondheimer, N. A. Gibson, and R. A. Evans, as directors, do, 
in pursuance of law, issue this, their certificate, verified by their oaths, and do here- 
by certify as follows: 

First. Said corporation is formed for the purpose of engaging in a genei-al l(jan and 
trust business, and a general banking business, of becoming surety upon (jfticial and 
other bonds, of conducting a general investment and brokerage business, of acting as 
special and general agent, of acting as administrator, execut,or, curator, and guardian, 
of conducting a general real estate and insurance business, of making and furnishing 
abstracts of title and insuring and guaranteeing titles, of acting as receiver, assignee, 
and trustee, and in a general fiduciary capacity of buying, selling, owning and leas- 
ing land, of buying and selling stocks and bonds of other corporations. 

Second. Its capital stock is two hundred and fifty thousand dollars, diviile<l into 
shares of $25. 00 each. 

Third. Twenty thousand dollars of said capital stock have been actually pai<l in 
by the suljscriljers hereto. 

Fourth. The names of the stockholders and the nundjer of shares owned by them, 
respectively, is as follows: 

No. of shares. 

Tams Bixbv 100 

Thos. P. Siiiith 100 

J. L. Blakemore 40 

J. L. Dabl )s - 1 00 

A. C. Trumbo 100 

D. H. Middleton 100 

Leo E. Bennett 100 

F. C. Hubbard 100 

Joseph Sondheimer 40 

N. A. Gibson 40 

R. A . Evans 40 

In testimonv whereof the said J. L. Blakemore, president of said corporation, and 
Tams Bixby, J. L. Dabbs, D. H. Middleton, Thomas P. Smith, F. C. Hubl)ard, Leo 

E. Bennett, A. C. Trumbo, and N. A. Gibson, a majority of the board of directors of 
said corporation, have hereunto set their hands on this 24th day of February, L903. 

J. L. Bl.\kemore, 

President. 

T.AMS BlXBV, 

Thos. P. Smith, 
J. L. Dabbs, 
A. C. Trumbo, 
D. H. Middleton, 
Leo E. Bexxett, 
f. c. hubb.\rd, 
N. A. GiBsox, 

Directo)-.". 



MEMORIAL OF THE DELAWARE INDIANS. 75 

United States of America, 

Indian Territory, Western District, ss: 
J. L. Blakemore, Tams Bixby, Thos. P. Smith, J. L. Dabbs, A. C. Trunibo, D. H. 
^liddleton, Leo E. Bennett, F. C. Hubbard, and N. A. (Tibs^on, on their oaths i^^ay 
that the matters and things in the foregoing certificate set out are true, to the best of 
their knowledge and belief. 

J. L. Blakemore. 

Tams Bixby. 

Thos. P. Smith. 

J. L. Dabbs. 

A. C. Trumbo. 

D. H. MiDDLETON. 

Leo E. Bennett. 
F. C. Hubbard. 

N. A. Gibson. 

Subscribed and sworn to before me this the 24th day of February, 1903. 

In testimony whereof I have hereunto set my hand and seal of office. 

[seal.] W. T. Wisdom, Notary Puhlic. 

My commission expires July 2, 1906. 

Filed in the office of the Clerk of the United States court of appeals, in the Indian 
Territory, this 25th day of February, A. D. 1903. 

Wm. p. Freeman, 
Clerk of U. >S. Court of Appeals, I. T. 

Recorded in vol. 3, Record for Articles of Incorporation, at page 48, this 2.5th day 
of February, 1903. 

Wm. p. Freeman, 
Clerk of U. S. Court of Appeals, I. T. 



Exhibit 27. 

United States of America, 

Lillian Territory. Office of the Clerk of the Court of Appeals. 

I, William P. Freeman, clerk of the United States court of appeals in the Indian 
Territory, do hereby certify that the annexed eight pages contain a true, complete, 
and full copy of the articles of association and certificate of the board of directors of 
Eufaula Trust Company, of Eufaula, Indian Territory. 

(Endorsed:) " Filed "^in the office of the clerk of the United States court of appeals 
in the Indian Territory, this 15th day of May, A. D. 1903," as appears by comparing 
the same with the original roll of said articles of association and certificate now on 
file in this office. 

In testimonv whereof I have hereunto set my hand and affixed my seal at the city 
of South McAlester, Indian Territory, this Srd'day of October, A. D. nineteen hun- 
dred and three (1903). 

[seal.] Wm. p. Freeman, 

Clerk, U. S. Court cf Appeals, I. T. 

Articles of agreement and incorporation of Eufauht Trust Company. 

Know all men by these presents: 

That the corporators hereinafter named have this day, and l)y these presents, 
formed a corporation under and in pursuance of an act of Congress approved Febru- 
ary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- 
visions of the laws of Arkansas relating to corporations, and to make said provisions 
applicable to said Territory," which said act provides for incorporations for nianu- 
facturing and other lawful "business purposes in the Indian Territory, and in evidence 
thereof do hereby execute the following articles of incorporation: 

First. The name of said corporation shall be Eufaula Trust Company. 

Second. The corporators are C. H. Tully, W. G. Morhart, F. \V. Ahrens, F. C. 
Owens, Mrs. B. L. Owen, \V. A. Briscoe, J. C. Smock, W. T. Fears, Chas. Cxibson, 
Thos. B. Moore, W. W. Barrett, C. E. Folev, P. Porter, W. T. Hutchings, W. E. 



76 MEMORIAL OF THE DELAWARE INDIANS. 

Ro\vs(\v, S. W. Fordyce, A. W. Robb, C. R. Breckenridge, John J. Hemphill, T. B. 
Need It's. 

Third. The ])lace of business is to be located at Eufaiila, I. T., and its office for 
transaction of business shall be in Eufaula, I. T., or at such other place as the Ijoard 
of directors may select. 

Fourth. The general nature of the business jjroposed to be transacted by this cor- 
poration is to act as agent, trustee, assignee, executor, administrator, guardian, 
receiver, or other personal or legal representative, M'hen designated by any person, 
corporation, or court so to do; to do a general fiduciary and depositary business; to 
act as surety and guarantee of the fidelity of employees, trustees, executors, admin- 
istrators, guardians, receivers, assignees, or others appointed to or assuming the per- 
formance of any trust, public or private, under appointment l)y any court or tribunal, 
or under contract between private individuals or corporations; also on any under- 
taking, bond or bonds, which may be required to be filed in any judicial proceeding; 
to act as executor or testamentary guarchan, when designated as such by will, or to 
act as administrator or guardian when appointed by any court or judicial officer or 
body having jurisdiction. 

To do a general banking business; to receive deposits payable on demand; to 
receive time deposits, on which interest may be allowed at such rate as agreed; to 
])uy and sell exchange and to do all such other things as are necessary in conduct- 
ing a general banking business. 

To hold, buy, sell, and mortgage real estate, and to deal in, Imy, and sell all kind 
of Government, State, municipal, and other bonds, and all kinds of negotiaI)le and 
nonnegotiable paper, stocks, and other investment securities. 

To furnish abstracts of titles to all forms of realty, and to guarantee titles of all 
kinds. 

To furnish space and facilities for the safe-keeping of papers and valuables capable 
of being cared for by the company, and to receive, deposit, and safeguard the same. 

Fifth. The amount of capital stock of said corporation shall be two hundred and 

fifty thousand dollars; of which dollars has been subscribed by the t'orpo- 

rators aforesaid, and the residue thereof may be issued and disposed of as the board of 
directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into ten thousand shares, of the value of 
$25.00 each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled by a board of directors, consisting of twenty memljers, all of whom shall be 
stockholders of the corporation. Said board of directors shall elect one of its mem- 
bers as president and one of its members as vice-president, and shall also elect a 
secretary and treasurer. 

pyighth. The first election of directors shall be held immediately after the organi- 
zation of the corporation, and said directors shall serve for one year and until their 
successors are elected. 

Ninth. The board of directors are empowered to ordain and establish all l)y-laws 
and regulations necessary to the management and business of the corporation, and 
alter and repeal same at pleasure. 

Tenth. The first meeting of said corporators for organization shall be held in 
Muskogee, I. T., at the office of Hutchings, West & Parker, at ten o'clock a. m., 
on the 17th day of March, 1903. The subscribers hereto hereby waive notice of said 
meeting. 

In testimony whereof we have hereunto set our hands on this the 16th dav of 
March, 190o. " 

C. R. Bkeckexkux;k. 
Katherixe C. Breckenridge. 
J. C. Smock. 
Charles Gibson. 
W. T. Fears. 
Phil Brown. 
F. C. Owen. 
F. W. Ahrens. 

C. H. Tl LLY. 

W. G. Morhart. 
A. W. Robb. 
T. B. Needles. 
J. S. Stapler. 
P. Porter. 

W. E. HOWSEY. 



MEMORIAL OF THE DELAWARE INDIANS. 77 

CERTIFICATE. 

\Vhereas C. H. Tully, W. G. Morhart, F. W. Ahrens, F. C. Owens, Mrs. B. L. 
Owen, W. S. Briscoe, J. C. Smock, W. T. Fears, Chas. Gibson, Thos. B. iloore, 
W. W. Barrett, C. E. Foley, P. Porter, W. T. Hutchings, W. E. Rowsey, 8. W. 
Fordyce, A. W. Robb, C. R. Breckenridge, John J. Hemphill, T. B. Needles have 
associated themselves together as a body politic and corporate, to be known as 
Eufaula Trust Company. 

And whereas the said corporators, l)eing the subscribers to the capital stock of 
the said corporation, have waived the tifteen days' notice as required by law, and 
called a meeting for organization, to be held in Muscogee, Ind. T., at the otiice 
of Hutchings, West & Parker, at 10 o'clock a. m. on the 17th day of March, 1903. 

Whereas at the time and place above set out, a meeting of the subscribers afore- 
said was held to elect twenty directors; and 

AV'hereas at said meeting the following-named persons were elected directors, to 
wit: J. C. Smock, Phil Brown, F. W. Ahrens, C. H. Tully, W. W. Barrett, W. T. 
Fears, F. C. Owen, Chas. Gibson, W. G. Morhart, W. A. Briscoe, C. E. Folev, P. 
Porter, W. T. Hutchings, W. E. Rowsey, S. W. Fordyce, T. B. Moore, A. W. Robb, 
C. R. Breckinridge, Jno. J. Hemphill, t. B. Needlesf 

Whereas at a meeting of the said board of directors, C. E. Foley was elected 
president, and C. H. T4.illy was elected vice-president, and W. W. Barrett was elected 
secretary, and W. W. Barrett was elected treasurer: 

Now, therefore, the said C. E. Foley, as president, and the said J. C. Smock, J. T. 
Crane, F. \V. Ahrens, C. H. Tully, W. W. Barrett, W. T. Fears, F. C. Owen, Chas. 
Gibson, W. G. Morhart, W. A. Briscoe, P. Porter, W. T. Hutchings, W. F. Rowsev, 
S. W. Fordyce, T. B. Moore, A. W. Robb, C. R. Breckinridge, Jno. J. Hemphill, 
T. B. Needles, as directors, do in pursuance of law issue this their certificate, verified 
by their oaths, and do hereby certify as follows: 

First. The general nature of the business proposed to be transacted by this cor- 
poration is to act as agent, trustee, assignee, executor, administrator, guardian, 
receiver, or other personal or legal representative, when designated by any person, 
corporation, or court so to do; to do a general fiduciary and depositary business; to 
act as surety and guarantee of the fidelity of employees, trustees, executors, adminis- 
trators, guardians, receivers, assignees, or others appointed to or assuming the per- 
formance of any trust, public or private, under appointment by any court or tril)una], 
or under contract between private individuals or corporations; 

Also on any undertaking, bond, or bonds which may be required to be filed in any 
judicial proceeding; 

To act as executor or testamentary guardian, when designated as such by will, or 
to act as administrator or guardian when appointed by any coiu-t or judicial officer 
or body having jurisdiction; 

To do a general banking business; to receive deposits payable on demand; to 
receive time deposits on which interest may be allowed at such rate as agreed ; to 
buy and sell, exchange, and to do all such other things as are necessary in conduct- 
ing a generil banking business; 

To hold, buy, sell, and mortgage real estate, and to deal in, buy, and sell all kinds 
of Government, State, municipal, and other bonds, and all kinds of negotiable 
and nonnegotiable paper, stocks, and other investment securities; 

To furnish abstracts of titles to all forms of realty, and to guarantee titles of all 
kinds; 

To furnish space and facilities for the safe-keeping of papers and valuables capable 
of being cared for by the company, and to receive, deposit, and safeguard the same. 

Second. Its capital stock is two hundred and fiftv thousand dollars, divided into 
shares of $25.00 each. 

Third. dollars of said capital stock have been actually paid in l)y tlie sub- 
scribers hereto. 

Fourth. The names of the stockholders and the number of shares owned liy them, 
respectively, is as follows: 

No. of shares. 

C. H. Tullv 200 

W. G. Morhart 1-0 

F. W. Ahrens 20 

F. C. Owen 8 

Mrs. B. L. Owen 20 

W. S. Briscoe 20 

J. C. Smock 20 

W. T. Fears 20 



78 MEMORIAL OF THE DELAWARE INDIANS. , 

No. of shares. 

Chas. Gibson 2 

Thos. B. Moore 20 

W. W. Barrett 400 

C. E. Foley 1,000 

P. Porter 200 

W. T. Hutchinjis 20 

W. E. Rowsey. 160 

C. L. Jackson 40 

S. W. Ford vce * 400 

Phil Brown 32 

J. T. Crane 4 

A. W. Robb 200 

C. R. Breckenridge 8 

John J. Hemphill : 6 

T. B. Needles 200 

Catherine C. Breckenridge 1, 000 

J. S. Stapler 200 

Mary C. Breckenridge 80 

MaryB. Maltby 400 

F. B. Fite 40 

W. W. Carson 200 

In testimony whereof the said C. E. Foley, president of said corporation, and a 
majority of the board of directors of said corporation have hereunto set their hands 
on this"l5th day of May, 1903. 

C. E. Foley, President. 
J. C. Smock, 
F. W. Ahrens, 

W. G. MORHART, 

W. W. Barrett, 

C. H. TULLY, 

F. C. Owen, 
W. A. Briscoe, 
Chas. Gibson, 
W. T. Fears, 
Phil Brown, 

Directors. 
United States of America, 

Indian Territory, Western District, .s.s; 
J. C. Smock, F. W." Ahrens, C. H. Tullv, W. W. Barrett, W. T. Fears, F. C. Owens, 
Chas. Gibson, W. G. jMorhart, W. S. Briscoe, C. E. Foley, and T. B. Moore on their 
oaths say that the matters and things in the foregoing certificate set out are true, to 
the best of their knowledge and belief. 

J. C. Smock. 
F. W. Ahrens. 
C. E. Foley. 
W. G. Morhart. 
Phil Brown. 
W. W. Barrett. 

C. H. TuLLY. 

F. C. Owens. 
W. A. Briscoe. 
Chas. Gibson. 
W. T. Fears. 

Subscribed and sworn to before me this the 15th day of May, 1903. 

In testimony whereof I have hereunto set my hand and seal of office. 

[seal.] F. G. Bailey, Notani Public. 



Exhibit 28. 

United States ov Amkkica, 

Indian Territory, office of the clerk of the court of ajipeals: 
I, William P. Freeman, clerk of the United States court of appeals in the Indian 
Territory, do hereby certify that the annexed four pages contain a true, complete, 



MEMOKIAL OF THE DELAWAKE INDIANS. 79 

and full copy of the articles of association and certiticate of the board of directors of 
Tribal Development Company, of Tishomingo, Indian Territory. 

(Endorsed:) " Filed in the office of the clerk of the United States court of appeals 
in the Indian Territory this 1st day of April, A. D. 1903," as appears by comparing 
the same with the original roll of said articles of association and certificate no^Y on 
file in this office. 

In testiaiony whereof I have hereunto set my hand and affixed my seal, at the city 
of South MfAlester, Indian Territorv, this 3rd day of October, A. D. nineteen hun- 
dred and three (1903). 

[seal.] Wm. p. Freeman, 

Clerk r. S. Court of Appeals, I. T. 

Articles of Agreement and Incorporation of Tribal Development Company, of Tishomingo, 

Ind. Terr. 
Know all men by these presents: 

That the corporators hereinafter named have this day, and by these pi'esents, 
formed a corporation, under and in pursuance of an act of Congress, approved Feb- 
ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- 
A'isions of the laws of Arkansas relating to corporations and to make said provisions 
applicable to said Territory," which said act provides for incorporations for manu- 
facturing and other lawful business purposes in the Indian Territory, and in evidence 
thereof do hereby execute the following articles of incorporation : 

First. The name of said corporation shall be Tribal Development Company. 

Second. The corporators are Guy P. Cobb, W. C. Perrv, W. C. Gunn, P. L. Soper, 
S. L. Williams, R. M. Harris, G. W. Burris, B. H. Colbert, Kirby Purdom, P. S. 
Mosely and Jesse L. Jordan. 

Third. The place of business is to be located at Tishomingo, Indian Territory, and 
its office ioY transaction of business shall he in Tishomingo, Indian Territory, or at 
such other place as the board of directors may select. 

Fourth. The general nature of the business proposed to be transacted by this cor- 
poration is to purchase, own, sell, encumber, lease, sublease, and exchange real estate, 
and improve the same; to act as agent and broker in real estate transactions; and to 
act as agent for insurance companies, and to make, furnish, and certify abstracts of 
title. 

Fifth. The amount of capital stock of said corporation shall be one hundred thou- 
sand dollars, of which thirty thousand dollars has been subscribed by the corporators 
aforesaid, and the residue thereof may be issued and disposed of as the board of 
directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into four thousand shares of the value of 
$25.00 each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled by a board of directors, consisting of eleven members, all of whom shall be 
stockholders of the corporation. Said board of directors shall elect one of its mem- 
bers as president, and one of its members as vice-president, and shall also elect a 
secretary and treasurer. 

Eighth. The first election of directors shall be held immediately after the organi- 
zation of the corporation, and said directors shall serve for one year and until their 
successors are elected. 

Ninth. The board of directors are empowered to ordain and establish all by-laws 
and regulations necessary to the management and business of said corporation, and 
alter and repeal same at pleasure. 

Tenth. The first meeting of said corporators for organization shall be held in Tisho- 
mingo, Indian Territory, at the office of the Bank of the Chickasaw Nation, at 4 
o'clock p. m., on the 25th day of INIarch, 1903. The subscribers hereto hereby waive 
notice of said meeting. 

In testimonv whereof, we have hereunto set our hands, on this the 25th dav of 
March, 1903. ^ 

W. C. Perry. 
Jesse L. Jordan. 
P. L. Soper. 
Geo. W. Burris. 
Guy P- Cobb. 
P. S. Mosely. 
S. L. Williams. 
R. M. Harris. 
W. C. Gunn. 

KlRBi" PuRDOiM. 

B. H. Colbert. 



80 MEMORIAL OF THE DELAWARE INDIANS. 

CERTIFICATE. 

Whereas (iuv P. Cobb, W. C. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, 
R. M. Harris!, (i. W. Burris, B. H. Colbert, Kirby Purdom, and P. S. Mosely have 
associated themselves together as a body politic and corporate, to be known as Triljal 
Development Comj)any. 

And whereas the said corporators, being the subscribers to the capital stock of the 
said corporation, have waived the fifteen days' notice as required Ijy law and called 
a meeting for organization, to be held in Tishomingo, I. T., at the ottice of the Bank 
of the Chickasaw Nation, at 4 o'clock p. m., on the 25th day of March, 1903. 

Whereas at the time and place above set out a meeting of the sul)scribers aforesaid 
was held to organize said corjioration and elect eleven directors, and 

Whereas at said meeting the following named persons were elected directors, to- 
wit: 

Guy P. Cobl), W. C. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Harris, 
G. W. Burris, B. H. Colbert, KirV)y Purdom, P. S. Mosely, and Jesse L. Jordan, and 

Whereas at a meeting of the said board of directors P. S. Mosely was elected presi- 
dent and P. L. Soper was elected vice-president, and 

G. W. Burris was elected secretary and Guy P. Cobb was elected treasurer. 

Now% therefore, the said P. S. Moselv as president, and the said Guv P. Cobb, W. C. 
Perry, W. C. Gunn, P. L. Soper, S. L." Williams, R. M. Harris, G. AV. Burris, B. H. 
Colbert, Kirby Purdom, P. S. Mosely, and Jesse L. Jordan as directors, do, in pur- 
suance of law, issue this their certificate, verified l)y their oaths, and do hereby cer- 
tify as follows: 

First. Said corporation is formed for the purpose of to purchase, own, sell, encum- 
ber, lease, sul)lease, and exchange real estate and improve the same; to act as agent 
and broker in real estate transactions; to act as agent for insurance companies, and 
to make, furnish, and certify abstracts of title. 

Second. Its capital stock is one hundred thousand dollars, divided into shares of 
$25.00 each. 

Third. Twelve thousand dollars of said capital stock have been actually ])aid in by 
the subscribers hereto. 

Fourth. Tlie names of the stockholders and the number of shares owned liy tliem, 
respectively, is as follows: 

Xo. of shares. 

Guy P. Cobb 240 

S. L. Williams 40 

Jesse L. Jordan 80 

W. C. Gunn 185 

W. C. Perrv 135 

P. L. Soper 130 

G. W. Burris 20 

B. H. Colbert HO 

Kirbv Purdom HO 

R. M. Harris HO 

W. F. Bourland 20 

E. B. Henshaw ' 20 

P. S. Moselv 20 

W. T. Ward ISO 

In testimonv whereof the said P. S. Moselv, president of said corporation, and 
Guy P. Co))b, W. V. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. Harris, 
G. W. Burris, B. H. Colbert, Kirby Purdom, P. S. ]\Iosely, and Jesse L. Jordan, a 
majoritv of the board of directors of said corpiirati(jn, have hereunto set their hands 
on this ■25th day of March, 1903. 

P. S. .AIosELV, Prf'ffi'lmf. 
S. L. Williams, 
R. M. Harris, 
W. C. Guxx, 
Guy p. Cobb, 
Kirby Purdo.m, 

P. L. Soi'ER, 

W. C. Perry, 
Jesse L. Jordax, 
Geo. W. Burris, 
B. H. Colbert, 

Directors. 



MEMORIAL OF THE DELAWARE INDIANS. 81 

United States of America, 

Indian Territory, Southern Didrid ss: 
Guy P. Cobb, W. C. Perry, W. C. Gunn, P. L. Soper, S. L. Williams, R. M. 
Hai-ris, G. W. Burris, B. H. Colbert, Kirby Purdom, P. S. Mosely, and Jesse L. 
Jordan on their oaths say that the matters and things in the foregoing certificate set 
out are true, to the best of their knowledge and belief. 

Guy p. Cobb. 

Kirby Purdom. 

B. H. Colbert. 

P. S. Mosely. 

W. C. Perry. 

Jesse L. Jordan. 

Geo. W. Burris. 

P. L. Soper. 

Kirby Purdom. 

S. L. Williams. 

R. M. Harris. 

W. C. Gunn. 

Subscribed and sworn to before me, this the 25th day of March, 1903. 
In testimony whereof I have hereunto set my hand and seal of office. 
[seal.] T. B. McLish, 

Notary PuhUc, Southern Dist., Ind. Ter. 
My commission expires Dec. 30, 1905. 

Filed in the office of the clerk of the United States court of appeals in the Indian 
Territory this 1st day of April, A. D. 1903. 

Wm. p. Freeman, 
Clerk of U. S. Court of Appeals, I. T. 

Recorded in vol. 3, Record for Articles of Incorporation, at page 80, this 1st dav of 
April, 1903. 

Wm. p. Freeman, 
Clerk of U. S. Court of Appeals, I. T. 



Exhibit 29. 
United States of America, 

Indian Territory, office of the clerk of the court of appecds: 

I, ^Yilliam P. Freeman, clerk of the United States court of appeals in the Indian 
Territory, do hereby certify that the annexed thirteen pages contain a true, complete, 
and full copy of the articles of association and certificate of the board of directors of 
the Bradley Real Estate Company, of Muskogee, Indian Territory. 

(Endorsed:) "Filed in the office of the clerk of the United States court of appeals 
in the Indian Territory this 16th day of October, A. D. 1901," and the certificate of 
increase of capital stock of said corporation, endorsed, "Filed in the office of the 
clerk of the United States court of appeals in the Indian Territory this 5th day of 
March, A. D. 1902," also the certificate showing the change of name of said cor- 
poration to the Bradley Realty, Bank and Trust Company, of Muskogee, Indian 
Territory. 

(Endorsed:) " Filed in the office of the clerk of the United States court of ai)peals 
in the Indian Territory this 26th day of October, A. D. 1903," as appears by com- 
paring the same with the original roll of said articles of association and certificate 
now on file in this office. 

In testimony whereof I have hereunto set my hand and affixed my seal at the 
city of South McAlester, Indian Territory, this i6th day of November, A. D. nine- 
teen hundred and tliree (1903). 

[seal.] Wm. p. Freeman, 

Clerk U. S. Court of Appeals, I. T. 

Articles of agreement and incorporation of the Bradley Real Estate Company, of Muskogee, 

Indian Territory. 

Know all men by these presents: 

That the corporators hereinafter named have this day, and by these presents, 
formed a corporation under and in pur.suance of an act of Congress approved Feb- 
ruary 18th, 1901, entitled "An act to put in force in the Indian Territory certain pro- 

S. Doc. 58 6 



82 MEMORIAL OF THP] DP:LAWARE INDIANS. 

visions of the laws of Arkansas relating to corporations and to make said provisions 
applieable to said Territory," which said act provides for incorporations for manu- 
facturing and other lawful business purposes in the Indian Territory, and in evidence 
thereof do herel)y execute the following articles of incorporation: 

First. The name of said corporation shall be the Bradley Real p]state Company. 

Second. The corporators are C. M. Bradley, G. H. Alexander, and N. A. Gibson. 

Third. The place of business is to be located at ?tIuskogee, Indian Territory, and 
its office for transaction of business shall l)e in IMuskogee, Indian Territory, or at 
such other place as the board of directors may select. 

Fourth. The general nature of the business proposed to be transacted by this cor- 
poration is to l)uy and sell real estate; to lend money and negotiate loans; to lease 
lands and make abstracts of title; to conduct a general real estate and brokerage 
business. 

Fifth. The amount of capital stock of said corporation shall be one thousand dol- 
lars, of which one hundred and fifty dollars has been subscribed by the corporators 
aforesaid, and the residue thereof may be issued and disposed of as the board of 
directors may from time to time order and direct. 

Sixth. The capital stock shall be divided into forty shares, of the value of $25.00 
each. 

Seventh. The affairs and business of the corporation shall be conducted and con- 
trolled by a board of directors consisting of three members, all of whom shall be 
stockholders of the corporation. Said board of directors shall elect one of its mem- 
bers as president, and one of its members as vice-president, and shall also elect a sec- 
retary aud treasurer. 

Eighth. The first election of directors shall be held immediately after the organi- 
zation of the corporation, and said directors shall serve for one year and until their 
successors are elected. 

Kinth. The board of directors are empowered to ordain and establish all by-laws 
and regulations necessary to the management and business of said corporation, and 
alter and repeal same at pleasure. 

Teiith. The first meeting of said corporators for organization shall be held in Mus- 
kogee, Indian Territory, at the office of C. M. Bradley, at 9 o'clock p, on the 28th 
day of Sepitember, 190l". The subscribers hereto hereby waive notice of said meeting. 

In testimonv whereof we have hereunto set our hands on this the 28th day of 
September, 1901. 

C. M. Br.\dley. 
G. H. Alexander. 
N. A. GiBsox. 

CERTIFICATE. 

Whereas C. M. Bradley, G. H. Alexander, and N. A. Gibson have associated 
themselves together as a body politic and corporate, to be knowai as the Bradley 
Real Estate Company; 

And whereas the said corporators, being the subscribers to the capital stock of 
the said corporation, have wai\ ed the fifteen days' notice as required by law, aud 
called a meeting for organization, to be held in Muskogee, Indian Territory, at the 
office of C. M. Bradley, at 9 o'clock p. m., on the 28th day of September,_ 1901 . 

Whereas at the time and place above set out a meeting of the subscribers afore- 
said was held to organize said corporation and elect three directors; and 

Whereas at said meeting the following-named persons were elected director>. 
to wit: 

C. M. Bradley, G. H. Alexander, and N. A. Gibson; and 

Whereas at a meeting of the said board of directors, C. M. Bradley was elected 
president, and N. A. (jibson was elected \ice-president, and G. H. Alexander was 
elected secretary, and G. H. Alexander was elected treasurer. 

Now, therefore, the said C. M. Bradley, as president, and the said G. H. Alexander 
and N. A. Gibson, as directors, do in pursuance of law, issue this, their certificate, 
verified bv their oaths, and do hereby certify as follows: 

First. Said corporation is fi^rmed foV the ])urpose of buying and selling real estate, 
lending money and negotiating loans, leasing lands, making al^stracts of title, and 
conducting a general real estate and brokerage l)usiness. 

Second. Its capita! stock is one thousand dollars, divided into shares of ?25.00each. 

Third. Fifty dollars of said capital stock have l)een actually paid in by the sub- 
scribers hereto. 



MEMORIAL OF THE DELAWARE INDIANS. 83 

Fourth. The names of the stockholders and the number of shares owned by them, 
respectively, is as follows: 

No. of shares. 

C. M.Bradley 2 

G. H. Alexander 2 

N. A. Gilisou 2 

In testimony whereof the said C. M. Bradley, president of said corporation, and 
G. H. Alexander and N. A. Gibson, a majority of the board of directors of said cor- 
poration, have hereunto set their hands on this 28th day of September, 1901. 

C. M. Br.\dley, 

President. 
G. H. Alexander, 
N. A. Gibson, 

Directors. 
United States of America, 

Lidian Territory, Xorthern District, .s.s: 
C. M. Bradley, G. H. Alexander, N. A. Gibson, on their oaths, say that the matters 
and things in the foregoing certificate set out are true to the best of their knowledge 
and belief. 

C. M. Bradley. 
G. H. Alexander. 
N. A. Gibson. 

Subscribed and sworn to before me this the 28th day of September, 1903. 
In testimony whereof I have hereunto set my hand and seal of office. 
[seal.] W. T. Wisdom, 

Notary Public. 

Filed in the office of the clerk of the United States court of appeals in the Indian 
Territory this 16th day of October, A. D. 1901. 

Wm. p. Freeman, 
Clerk of U. S. Court of Appeals, I. T. 

Recorded in vol. 1, record for articles of incorporation, at page 90, this 23d daj' of 
October, 1901. 

Wm. p. Freeman, 
Clerl of U. S. Qiurt of Appeals, I. T. 



Certificate of increase of capital stock of the Bradley Real Estate Company, of Mushogee, 

Indian Territory. 

Know all men by these presents: 

That at a regular meeting of the stockholders of the Bradlej' Real Estate Company, 
a corporation organized and existing under the laws of the United States in force in 
the Indian Territory, held at the office of the company in Muskogee, Indian Ter- 
ritory, at 8 o'clock p. m. on the 6th day of January, 1902, among other proceedings 
had was the following: 

"Upon motion a committee consisting of Messrs. New, Gibson, and Bixby was 
appointed by the president to formulate a plan for increasing the capital stock of the 
said company, and to report at the next regular meeting of the stockholders of said 
company." 

And that at a regular meeting of the stockholders of said company, at the office of 
said company, on the 3rd day of February, 1902, at 8 o'clock p. m., at which meeting 
there was present a majority of all of the stockholders of said company, representing 
a majority of the stock, the said stockholders having been specially warned by writ- 
ten notice of the business to come before the said meeting, particularly in reference 
to the increase of the capital stock of the said company, the following proceedings 
Avere had: 

"The committee appointed at the regular January meeting of the said company 
submit a written report recommending an increa.'^e of the capital stock to $5,000, 
which report, upon motion of Mr. W. E. Linton, one of the stockholders of the said 
company, was amended to read §10,000, and that the said motion, being put to a 
vote, was carried In' the unanimous vote of all the stockholders i>resent." 

And that thereafter, in accordance with the said resolution and action of the stock- 
holders, the capital stock of the said company was increased to the sum of $10,000. 



84 MEMOKIAL OF THE DELAWARE INDIANS. 

CERTIFICATE. 

We, C. M. Bradley, i^resident, and G. H. Alexander, X. A. Gibson, W. S. Boren, 
and A. P. McKellop, the said C. M. Bradley being president of the Bradley Real 
Estate Company, a corijoration, and the other-named parties being the board of 
directors, with the said C. M. Bradley, of the said corporation, do hereby certify 
that at a regular meeting of the stockholders of the said Bradley Real Estate Com- 
pany, held at the office of the said company on February 8rd, 1902, at 8 o'clock p. m., 
of which meeting, and the objects of said meeting, the stockholders had been specially 
w^arned, it was unanimously resolved by the said stockholders that the capital stock 
of the said corporation be' increased to i?10,000, the same to be divided into four 
hundred shares of the par value of $25 each, and that tlie capital stock of the said 
corporation has been increased to the sum of §10,000, in accordance with the said 
resolution. 

C. M. Bradley, 

President. 
G. A. Alexander, 
N. A. Gibson, 
W. S. Boren, 

Directors. 

United States of America, 

Indian Territory, Nortliern District, ss: 
C. M. Bradley, G. H. Alexander, N. A. Gibson, W. S. Boren, and A. P. McKellop, 
on their oaths, say that the matters and things in the foregoing certificate set out are 
true, to the best of their knowledge and belief. 

C. M. Bradley. 
G. H. Alexander. 
iST. A. Gibson. 
W. S. Boren. 

Subscribed and sworn to before me this 4th day of Feb., 1902. 

In testimony whereof I have hereunto set my hand and seal of office. 

[seal.] S. B. Dawes, Xotari/ Public. 

(Endorsed:) "Filed in the office the clerk of the United States court of appeals, 
in the Indian Territory, this 5th day of March, A. I). 1902. 

"Wm. p. Freeman, Clei-k. 
"Recorded Book No. 2, page 120." 

certificate. 

Whereas the stockholders of the Bradley Real Estate Company, at the annual 
meeting held in the city of Muskogee, Indian Territory, on the 5th day of October, 
1903, did amend the articles of incorporation as follows: 

First. That the name of the said corporation shall be Bradley Realty, Bank and 
Trust Company. 

Fourth. That the general nature of the business proposed to be transacted by this 
corporation is to act as agent, trustee, assignee, receiver, executor, administrator, 
guardian, or other personal or legal representative, when designated or appointed 
by any person, company, c;orporation, or court to act as surety and guarantor, and 
to make insurance for the fidelity of persons holding positions of trust, fidelity, and 
responsibility, by agreement of individuals, companies or corporations (public or jjri- 
vate), or l)y appointment by any court or tribunal; also on any undertaking, bond 
or bonds, which may be required to be filed in any judicial proceeding; to act as 
executor or testamentary guardian, when designated as such by will, or to act as 
administrator or guardian, when appointed by any court or judicial officer or body 
having competent jurisdiction. To act as agent or trustee for the purpose of issuing 
or countersigning the certificates of stock, bonds, or other obligations of any corpo- 
rations, association, municipality. State or public authority, and to receive and man- 
age any sinking fund therefor, upon such terms as may be agreed upon. 

To liiaks abstracts of titles of real estate and to personal property, for its own use 
and for the use of other persons, and to guarantee and insure owners of real estate 
from loss l)y reason of defective titles and incumbrances. 

To do a general trust, fiduciary, and depository business. To receive and hold on 
deposit and in trust and as security, estate, real and personal, diamonds, jewelry, 
plate, stocks, notes, bonds, papers and other obligations, and evidences of indebted- 



MEMOEIAL OF THE DELAWARE INDIANS. 85 

ness or value, of States, counties, school districts, individuals, companies and corpo- 
rations (public and private), and valuable property of every description, and the 
same to purchase, make advances upon, collect, hypothecate, adjust, settle, sell, and 
dispose of in any manner, without proceedings in law or equity, for such price and on 
such terms as may be agreed upon with the corporations, companies, or individuals 
contracting with it. 

To provide suitable and sufficient fire and burglar proof safes, vaults, safe-deposit 
boxes, and other facilities for the safe-keeping of diamonds, jewelry, plate, stocks, 
bonds, insurance policies, wills and other valuable papers, and property of every 
kind, intrusted to its care and capable of being cared for by the company ."^ 

To carry on the general business and exercise all the powers, responsibilities, and 
obligations usual and proper of a safe-deposit company. 

To receive money on deposit, either on current account to be drawn upon by check, 
or on certificate payable at such time as may be desired or specified, with or without 
interest, as agreed upon between the depositor and the corporation; to act as depos- 
itory for banks, trust funds, receiverships, assignees, courts, corporations, and indi- 
viduals; to buy and sell exchange; to buy, discount, sell, make advances upon, 
pledge, and hypothecate all kinds of Government, State, county, township, school 
district, municipal, and other bonds, warrants, and securities, and all other kinds of 
negotiable and nonnegotiable paper, stocks, bonds, mortgages, evidences of indebted- 
ness, and other investment securities of individuals, companies, and public and pri- 
vate corporati(jns. 

To transact and do all such other things as are necessary, proper, and usual in con- 
ducting a general banking Ijusiness. 

To secure, take, purchase, own, buy, acquire, hold, sell, lease, mortgage, release, 
loan money upon, or otherwise deal in or dispose of any lands or interests therein, 
any real-estate notes secured by mortgage, trust deed, or interest thereon, any note 
secured by collateral or interest therein; any debenture bonds, public or private, with 
fixed security or interest therein; any shares of capital stock of incorporated com- 
panies, with or without dividends; any contracts or evidences of indebtedness, or 
any municipal, public, or private corporations due or to become due; any securities, 
obligations, contracts, evidences of indebtedness of every kind and character, and other 
property held or owned by this corporation. 

To manage, care for, and do any and all things tending to increase the value or 
improve upon the pi'operty of any and all realty, security, or evidences of indebted- 
ness held or owned by the corporation. To issue debenture bonds, the payment of 
which is guaranteed ])y pledges of security placed in the hands of the trustee or a 
legally incorporated trust company, secured to the same by a bill of sale, mortgage, 
or trust deed upon the whole or part of the securities held by the corporation, to sell 
or pledge such debentures or bonds and to use the proceeds for such corporate pur- 
poses as the board of directors shall determine. 

To assist its shareholders or other persons in securing, acquiring, holding, and 
improving real estate by furnishing, upon a security thereof, all or a part of the cap- 
ital on such terms of the payment as may be agreed upon. 

To acquire by purchase, suljscription, or otherwise, and to hold or dispose of stocks, 
bonds, or any other obligations, of any corporation formed for, or then or thereto- 
fore engaged in or pursuing any one or more of the kinds of business, purposes, 
objects, or operations above indicated, or holding or owning any property of any kind 
herein mentioned, or of any corporation holding or owning the stocks or obligations 
of any such corporations; to hold for investment or otherwise to use, sell, or dispose 
of any stocks, bonds, or other obligations of any such other corporations; to aid in 
any manner any corporation whose stock, l)onds, or other obligations are held or in 
any manner guaranteed by this corporation, and to do any other acts or things for the 
preservation, protection, improvement, or enhancement of the value of any such 
stock, bonds, or other securities, or to do any act or things designed for any such 
purpose; and while owner of any such stocks, bonds, or other securities to exercise 
all the rights, powers, and privileges of ownership thereof, and to exercise all voting 
power thereon. 

To do any and all of the things herein described and for the purpose of attaining 
or furthering any of its objects, to do any and all other acts and things, and to exer- 
cise any and all other powers which a copartnership or natural person could do or 
exercise, and which may now or hereafter be authorized by law. 

To prospect for oil, coal, gas, or other mineral and land owned or leased by the com- 
pany and to acquire lands either by purchase or leases for the purposes of prospecting 
for said minerals, and to operate wells, mines, shafts,, or pits for the purpose of taking 
oil, gas, coal, or other minerals, and to sell and furnish oil, gas, coal, or other minerals 
to any person, corporation, or municipality. 



86 MEMOKIAL OF THE DELAWARE INDIANS. 

Fifth. That the amount of capital stock of said corporation is raised to 6260,000.00. 

Now, therefore, C. M. Bradlev, a.s president of said company, and W. E. Rowsev, 
I. B. Kirkland, J. K. Edmonds, C. K. Marks, T. H. Martin, W. H. New, W. D. 
Brewer, Geo. W. Elliott, G. H. Alexander, Abe Wolfenlierger, E. S. Ellis, J. C. 
Fast, H. H. Bell, and N. A. Gibson, as directors, do in pursuance of law issue this, 
their certificate, verified by their oaths, and do hereby certify that the said amend- 
ments were <lulv made at the regular annual meeting of the stockholders of the said 
corporation, held in ^Muskogee, Indian Territory, on October 5, 1903, at which time 
and place a majority of the stock was represented by the stockholders present. 

In testimony whereof the said C. M. Bradley, president of said corporation, and 
W. E. Rowsev, I. B. Kirkland, J. K. Edmonds, C. K. Marks, T. H. Martin, W. H. 
New, W. D. Brewer, Geo. W. Elliott, G. H. Alexander, Abe Wolfenberger, E. S. 
Ellis, J. C. Fast, H. H. Bell, and N. A. Gibson, a majority of the directors of said 

corporation, having hereunto set their hands on this day of October, 1903. 

C. M. Bkablev, 









Fresidetit. 


N. 


A. 


GiBSOX, 




I. 


B. 


Kirkland 


, 


T. 


H. 


^Iartin, 




J. 


K. 


Edmonds, 




Abe 


\Volfenberc;er, 


W 


. H 


. New, 


1 


C. 


K. 


Marks, 




J. 


C. 


Fast, 




G. 


W 


. Elliott, 




W 


. D 


. Brewer, 




\V 


. E 


ROWSEY, 




H 


H 


. Bell, 




G. 


H 


Alexander, 


E. 


s. 


Ellis, 


Directors. 



United States of America, 

Indian Territorij, Western District: 
W. E. Rowsev, C. M. Bradley, I. B. Kirkland, J. K. Edmon.ls, C. K. .Alarks, T. H. 
Martin, W. H. New, W. T). Brewer, (reo. \V. Elliott, G. H. Alexander, Abe Wolfen- 
berger, E. S. Ellis, J. C. Fast, H. H. Bell, and N. A. Gibson, on their oaths say that 
the matters and things in tlie foregoing certificate set out are true to the best of their 
knowledge and belief. 

C. M. Bradley. 

N. A. Gibson. 

W. E. Rowsey. 

W. D. Brewer. 

I. B. Kirkland. 

J. C. Fast. 

G. H. Alexander. 

C. K. Marks. 

H. H. Bell. 

Ct. W. Elliott. 

T. H. Martin. 

J. K. Edmonds. 

E. S. Ellis. 

Abe Wolfenberger. 

W. H. New. 

Subscribed and sworn to before me this 24th day of October, 1903. 

In testimony whereof I have hereunto set my hand and seal of office. 

[seal.] ^ W. T. Hart. 

(Endorsed:) Filed in the office of the clerk of the United States court of appeals 
in the Indian Territory, this 26th day of October, A. D. 1903. 

Wm. p. Freeman, Clerk. 
Recorded, book No. 4, page 1. 



MEMORIAL OF THE DELAWARE INDIANS. 87 

Exhibit 30. 

List of Incorporated stock and investment companies in. the Indian Territory us conipiled 
from the records of the clerk of the court of appeals in the Indian Territory. 

THE AMERICAN LAND, LOAN AND TRUST COMPANY, OF OKMULGEE, IND. T. 

[Incorporated May, 1901. George A. Murphy, president; Jacob Bozarth, treasurer and general 

manager.] 

Stockholders: Shares. 

George A. Murphy 50 

Adam F. Seider 50 

Jacob Bozarth 50 

Nathan D. Boyd 50 

THE ARDMORE LOAN AND TRUST COMPANY, OF ARDMORE, IND. T. 

[Incorporated June, 1901. B. M. Worsham, president: S. M. Torbett, secretary; C. L. Anderson 

treasurer.] 

Stockholders: Shares. 

B. 31. Worsham 600 

C. L. Anderson 100 

S. M. Torbett 100 

ANTLERS BANK AND TRUST COMPANY, OF ANTLERS, IND. T. 

[Incorporated August 27, 1901. Officers not named.] 

Shareholders: Shares. 

C. E. Walker 4 

J. F. Mayer 4 

W. E. Johnson 4 

Wm. Fletcher 8 

W. P. Stewart 4 

E. P. Neice 4 

W.E.Ward 4 

A. B. Crawford , 2 

W. C. Smith 2 

B. F. Hackett 20 

W. P. Cochran 20 

L. Silverman 12 

S. K. Newcomb 12 

R. L. Pierce 4 

S. A. Stephens 4 

John Cocke 28 

T. H. Smith 4 

Thomas P. Latham 20 

A. A. Lasnerret 320 

Treasury 520 



1,000 

ATOKA LOAN AND TRUST COMPANY. 

[Incorporated December, 1902. G. T. Ralls, president; W. M. Dunn, vice-president; Wra. H. Rey- 
nolds, secretary; Palo A. Roberts, treasurer.] 

Stockholders: Shares. 

Mike Conlan 40 

J, D.Lankford 40 

^y. H. Reynolds 40 

A. Telle .\ 40 

G. A.Cobb 40 

J. S. Fulton 40 

J. G. Ralls 40 

G. T. Ralls 40 

VVm. M. Dunn 40 

Palo A. Roberts 40 

J. S. Standlev 40 



88 MEMORIAL OF THE DELAWARE INDIANS. 

AMERICAN TRUST COMPANY, OF ARDMORE, IND. T. 

» 

[Incorporated December 23, 1902. C. R. Smith, president; J. C. Thompson, vice-president; G. N. Stuart, 

secretary and treasurer.] 

Stockholders: Shares. 

C. R. Smith 9, 996 

J. C. Thompson 1 

Lee Criice 1 

G. N. Stuart 1 

W. R. Bleakmore 1 

AMERICAN BANKING AND TRUST COMPANY, OF TULSA, IND. T. 

[I ncorporatod Maroli. 190;^ I. B. Woodbury, president; E. J. Calvin, vice-president: I. B. Woodbury 

secretary.] 

Stockholders: shares. 

I. B. Woodbury 1, 000 

Frank H . Woodlxirv 720 

E. J. Calvin ". 80 

Ellis Short 200 

THE AMERICAN INVESTMENT COMPANY, OF ATOKA, IND. T. 

[Incorporated March 17, 190:^. Walter B. Pascliall, president; W. C. Mitchell, vice-president; D. L, 
Pascliall. secretary; W. C. Mitchell, treasurer.] 

Stockholders: Shares. 

W. C. JMitchell 398 

Walter B. Paschal! ] 

T. E. Deret 1 

ATOKA TRUST AND BAXKINCi COMPANY, OF ATOKA, INI). T. 

[Incorporated Ausfust IS, 190;?. C. Stevens Avery, president; R. H. Mathews, vice-president; .John G. 

Long, secretary and treasurer.] 

Stockholders: Shares. 

John G. Lono; 100 

C. Stevens Averv 100 

R. H. Mathews.' 4 

THE BIG 4 C. INVESTMENT AND REALTY COMP.XNY, OF VINITA, IND. T. 

[Incorporated xVpril 2(i, 1902. .J. G. Henninger. president; .J. J). Gray, vice-president; Wm. Higgins, 

secretary and treasurer.] 

Stockholders: Shares. 

J. P. Bertoni 750 

J. B. Henninger 1 , 250 

J. D. Gray 1 , 250 

W. F. Gray 500 

Wm. Higgins 1 , 250 

BRISTOW TRUST AND BANKING COMPANY, OF BRISTOW, IND. T. 

[Incorporated April, 1903. .1. W. Hockcr, president; M. .Tones, vice-president; W. L. Cheatham, 
secretary; L. D. Groom, treasurer.] 

Stockholders: Shares. 

L. D. Groom 120 

J. W. Hocker 200 

H. M. Johnson 200 

H. F. Johnson 40 

W. L. Cheatham 80 

Gscar D. Groom 40 

]\L Jones 200 

C. H. Dutcher 80 

L. H. Rooney 40 



MEMORIAL OF THE DELAWARE II^DIAlSrS. 89 

BEARDEN REALTY COMPANY, OF OKEMAH, IND. T. 

[Incorporated March, 1903. J. S. Bearden, president: D. L. Z. Chitwood, vice-president: W. B. Xutt. 

secretary and treasurer.] 

Stockholders: Shares. 

J. 8. Bearden 100 

D. L. Z. Chitwood 100 

W. B. Nutt 100 

L. B. Caldwell 100 

BARNES INVESTMENT COMPANY, OF MUSK0C4EE, IND. T. 

[Incorporated June, 1903. George W. Barnes, president; Frank W. Barnes, vice-president; George W. 
Barnes, jr., secretary; E. D. Nevis, treasurer.] 

Stockholders: Shares. 

George W. Barnes 2, 800 

Frank W. Barnes 400 

George "\V. Barnes, j r 400 

E. D. Nevis 400 

THE CHOCTAW TRUST COMPANY OF SOUTH M'aLESTER, IND. T. 

[Incorporated April, 1901. J. J. McAlester, president; J. A. Sterrett, vice-president; Ed McKenna, 
vice-president: A. A. Billingsley, secretary; J. H. Maxey, jr., treasurer.] 

Stockholders: Shares" 

J. J. McAlester 400 

J. H. Maxev 400 

J. H. Maxey, jr 200 

Ed IMcKenna 200 

J. Burdett 200 

L. W. Brvan 200 

W. J. Wade , 200 

W. L. Woolev 40 

John W. Black 40 

J. Milhvee 80 

C. M. Bell 60 

J. P. Goody 40 

A. A. Billingslev 40 

Geo. Dashiel. . ."' 120 

J. A. Sterrett 200 

B. F. Lafayette 200 

THE CHOCTAW LAND AND IMPROVEMENT COMPANY OF SOUTH m'aLESTER, IND. T. 

[Incorporated May. 1901. S. C. Dunkle, president; E. A. Newman, vice-president; A. E. Becker, 
secretary; R. F. Lathrop, treasurer.] 

Stockholders: Shares. 

S. C. Dunkle 2,000 

R. F. Lathrop 2,000 

W. H. Arnold 1,333J 

A. E. Becker 1, 333* 

E. D. Allen 800 

R. R. Bosworth 800 

E. A. Newman 2, 400 

J. E. Arnold 1,333J 

THE CREEK NATION LAND AND INVESTMENT COMPANY OE TULSA, IND. T. 

[Incorporated June, 1901. Jay Forsythe, president; Robert T. Epperson, vice- president; Jas. H. 
McBirney, secretary; Benj. F. Colley, treasurer.] 

Stockholders: Shares. 

Jay Forsvthe 310 

Benj . F. Colley 200 

Edward Calkins 80 

Robert T. Epperson 200 

Jas. H. McBirnev 200 



90 MEMORIAL OF THE DELAWARE INDIANS. 

CREEK REALTY COMPANY, OF MUSKOGEE, IXD. T. 

[Incorponiterl November, 1901. Frederick B. Severs, president: Julius "SI. Miller, vice-president; 
Albert Z. English, secretary and treasurer.] 

Stockholders: Share.s. 

Frederick B. Severs 149 

Julius M. Miller 1 

Albert Z. English bO 

THE CREEK LAND AND DEVELOPMENT COMPANY, OF MUSKOGEE, INI). T. 

[Incorporated December, 1901. Elmer E. McKibben, president; Frank B. Mittong. vice-president: 
Anthony Crafton, secretary; J. O. McKee, treasurer.] 

Stockholders: Shares. 

Anthony Crafton 8 

All)ert E. Venning 8 

L. E. Smith ; 8 

Elmer E. McKibben 10 

Frank B. Mittong 8 

J. (). McKee . . . / 8 

THE CREEK-CHEROKEE REALTY AND DEVELOPMENT COMPANY, OF WAGONER, INI). T. 

[Incorporated February, 1902. J. C. Cassaver, president; S. P. Beardsley, vice-president; B. V. Leon- 
ard, secretary; T. C. Harrell, treasurer.] 

Stockholders: shares. 

J. C. Cassaver 1, 091 

S. P. Beardslev 1, 091 

E. B. Multer 1, 091 

S. S. Stephens 1 , 091 

jNI. Phillippe 1, 091 

J. W. Young 1, 091 

C. S. Jones 1, 091 

T. C. Harril 1 1 , 091 

B. L. Naylor 1, 091 

J. G. Knight 1, 091 

B. V. Leonard 1, 091 

THE CHICKASAW TRUST COMPANY, OF CHICKASHA, IND. T. 

[Incorporated February, 1902. E. B. Johnson, president: C. B. Campbell, vice-president; H. L. 
.larboe, jr., secretary and treasurer.] 

Stockholders: Shares. 

W. I. Gill)ert 100 

H. F. Gilbert 100 

H. B. Johnson 400 

R. W. Jones, jr 200 

J. B. Wilber 200 

Frank Weaver 160 

C. B. Campbell 360 

J. H. Bond 100 

R. Bond 100 

E. B. Johnson 400 

A. K. Wooten 200 

H. L. Jarboe, jr 200 

T. L. and W. A. Wade 160 

C. H. Besant 160 

M. G. Patterson 40 

Sam Davidson 400 

C. M. Fletcheimer 400 

J. W. Bowman 40 

Frank Brown 40 

W. W. Horner 40 

A. S. Gilkev 200 



MEMORIAL OF THE DELAWARE INDIANS. 91 

CHOCTAW LAND AND INVESTMENT COMPANY OF POTEAU, IND. T. 

[Incorporated August, 1903. E. W. Fannin, president; James Bower, vice-president; C. E. Warren, 
secretary; W. D. Buckley, treasurer.] 

Stockholders: Shares. 

E. W. Fannin 54 

C. E. Warren 54 

W. D. Buckley 54 

James Bower 54 

G. H. Wilta 54 

J. W. Robinson 54 

THE CREEK TRUST AND GUARANTY COMPANY OF HOLDENVILLE, IND. T. 

[Incorporated September, 1902. Tom W. Neal, president: C. W. Brown, vice-president; W. H.Robins, 

secretary and treasurer.] 

Stockholders: ■ • " Shares. 

Claude E. Shaw 30 

W. B. McAlester 4 

Henry AV. Tate 40 

W. H. Robins 400 

C. W. Brown 10 

Tom W. Neal 40 

Tom W. Neal, trustee 3, 486 

CREEK INVESTMENT COMPANY OF MUSCOGEE, IND. T. 

[Incorporated April, 1903. E. R. Burkholder, president; C. P. Williams, secretary and treasurer.] 

Stockholders: shares 

Kelley & Kelley 200 

Lund Swenson 40 

W. A. Morris 40 

George W. Allison 80 

E. R. Burkholder 120 

J. L. Kasey 40 

John R. Wright 80 

S. A. Preshaw 80 

W. A. Mathes 40 

R. S. Simpson ^ 80 

Edward Berg 40 

T. L. Hartup 80 

S. W. Kasev 40 

(t. S. Horton 40 

V. F. Rushing 40 

D. H. G rant 40 

W. S. ?kIcGiffort 80 

J. D. Robertson 80 

Chas. Wheeler 80 

J. M. Silverthorn 40 

K. Sorensen - 40 

THE CREEK LAND AND TRUST COMPANY, OF MUSCOGEE, IND. T. 

[Incorporated April, 1903. J. J. Culbertson, president; J. L. Dabbs, vice-president and treasurer; 

W. H. Bell, secretary.] 

Stockholders: Shares. 

J.J. Culbertson 1 

J. L. Dabbs 1 

W. H. Bell 1 

N. A. Gibson ,- 1 

citizens' LAND COMPANY, OF SOUTH m'ALESTER, IND. T. 

[Incorporated June, 1903. Edwin T. Bradley, president; Geo. W. Scales, vice-president; Ben IMills, 

secretary and treasurer.] 

Stockholders: Shares. 

Edwin T. Bradlev -^0 

I. M. Dodge ■ -to 

Geo. W. Scales 40 

Walter C. Donnelly -10 

Ben Mills 40 

John F. Burnham - 40 



92 MEMORIAL OF THE DELAWARE INDIAN'S. 

THE DIAMOND CITY INVESTMENT COMPANY, OF SOUTH m'aLESTER, IND. T. 

[Incorporated December, 1902. E. E. McDaniel, president; C. H. Woods, vice-president; J. E. Guess, 
secretary; T. A. Curry, treasurer.] 

Stockholders: Shares. 

T. A. CuiTv 25 

E. E. McDaniel 25 

C.H.Woods 10 

J. E. Guess 4 

Robert Fortune 2 

H. E. Miller 2 

H. Allison 1 

H. C. Pritchett 10 

J. P. Evans 4 

J. B. Griffin 10 

George Withers 1 

Wm. L. Lagrove 5 

A. Bassett 2 

R. McKay 4 

Alonzo Miller 2 

Elisha Holman 2 

A. 3Iartin 2 

J. H. Walton 1 

W. S. Wel)l )er 1 

J. W. Johnson 2 

R. N. Stone 2 

J. R. Foster 1 

G.xAV. Meadanis 2 

W. H. Carrington 4 

eufaula trust company, of eufaula, ind. t. 

[Incorporated May, 1903. C. E. Foley, president: C. H. TuUy, vice-president; W. W. Barrett, secre- 
tary and treasurer.] 

Stockholders: Shares. 

C. H. TuUv 200 

W. G. :M()rliart SO 

F. W. Ahrens 20 

F. C. Owen 8 

Mrs. B. L. Owen 20 

W. S. Briscoe 20 

J. C. Smock 20 

W. T. Fears 20 

Chas. Gibson 2 

Thos. B. Moore 20 

W. H. Barrett 400 

C. E. F^olev , 1, 000 

P. Porter J 200 

W. T. Hutchiugs 20 

W. E. Rowsev - 160 

C. L. Jackson 40 

S. W. Fordvce 400 

Phil Brown" 32 

J. T. Grove 4 

A. W. Robb 200 

C. R. Breckenridge 8 

John D. Hemphill 6 

T. B. Needles 200 

Catherine C. Breckenridge 1, 000 

J. S. Stapler 200 

Mary C. Breckenridge 80 

Mary B. Maltbv. 400 

F. B. Fite '- 40 

W. W. Carson 200 



MEMORIAL OF THE DELAWARE INDIANS. 93 

CANADIAN VALLEY TRUST COMPANY, OF MUSCOGEE, IND. T. 

[Incorporated March, 1903. Tarns Bixby, president; Cortland L. Long, vice-president; Philip B. 
Hopkins, second vice-president and secretary; William S. Harsha, treasurer.] 

Stockholders: Shares. 

Tarns Bixbv 20 

Walter S. Dickev 20 

Wm. H. Ludwig 20 

Jos. McCoy 20 

Philip B. Hopkins 20 

Cortland L. Long 20 

William S. Harsha 20 

William H. Angell 20 

Elmer W. McClure 20 

FEDERAL REALTY COMPANY, OF WAGONER, IND. T. 

[Incorporated July, 1903. A. F. Parkinson, president; T. C. Harrill, vice-president; C. C. McKinney, 
secretary; J. W. Wallace, tretisurer.] 

Stockholders: Shares. 

J. W. Gibson 125 

J. W. Wallace 125 

C. C. McKinney 125 

A. F. Parkinson 125 

T. A. Parkinson 125 

T. C. Harrill 125 

A. C. Cowan 125 

F. M. Davis 125 

THE HOCKING INVESTMENT COMPANY, OF SOUTH m'aLESTER, IND. T. 

[Incorporated June, 1902. G. S. Corn, president; J. F. Hocking, vice-pr^ident; J. W. Ellis, secretary 

tary and treasurer.] 

Stockholders: Shares. 

G. S. Corn 667 

J. F. Hocking.... 667 

J. W. Ellis 667 

A. E. Becker 667 

E. A. Newman. 666 

T. E. Dockery 166 

THE INDIAN LAND AND TRUST COMPANY, OF MUSKOGEE, IND. T. 

[Incorporated November, 1901. K. L. Owen, president; John Morton, vice-president; W. T. Wisdom 

secretary and treasurer.] 

Stockholders: • Shares. 

Robert L. Owen 500 

John Morton 500 

W. H. Baker 250 

Frank :Morton 250 

W. T. Wisdom 40 

Charles F. Winton 460 

INDIAN LAND AND INVESTMENT COMPANY, OF OKEMAH, IND. T. 

[Incorporated June, 1903. M. O. Keller, president; John Phillips, vice-president; CTeorge Harrison, 

secretary and treasurer.] 

Stockholders: ^'""■'^«- 

M. O. Keller 20 

George H. Harrison 20 

JohnH. Phillips 20 



94 MEMORIAL OF THE DELAWARE INDIANS. 

LAND LEASING COMPANY, OF TISHOMINGO, IND. T. 

[Incorporated Soptonilier, 1903. C. M. Joiner, president: D. B. Le.^ter, viee-pre.sident; R. M. Lester, 

secretary Miid treasurer.] 

Stockholders: Shares. 

C. M. Joiner 13J 

D. B. Lester 13J 

E. M. Lester 13| 

MUSKOfiEE TITLE AND TRUST COMPANY, OF MUSKOGEE, IND. T. 

[Incorporated February. 1903. ,J. L. Blakemore, president; F. C. Hubbard and T. P. Smith, vice- 
presidents: N. A. Gibson, .secretary: J. L. Dabbs, treasurer.] 

Stockholders: ' Shares. 

Taiiis Bixbv 100 

Thos. P. Smith 100 

J. L. Blakemore 40 

J. L. Dabbs. 100 

A. C. Trumlio 100 

D. H. Middleton 100 

Leo. E. Bennett 100 

F. C. Hubbard 100 

Jos. Sondheimer 40 

N. A. Gibson 40 

R. A. Evans 40 

PIONEER TRUST COMPANY, OF OKMULGEE, IND. T. 

[Incorporated June, 1903. Geo. T. Pitts, president: T. F. Randolph, vice-pre.sident: \V. M. Jaclcson, 
secretary; W. E. Wood, treasurer.] 

Stockholders: Shares. 

John T. Stewart 320 

T. F. Randolph . . .^ 320 

T. T. Godfrey 320 

Geo. T. Pitts" 320 

W. M. Jackson 320 

AV. E. Wood 320 

Ed T. Hackney 320 

PUBCELL LAND AND DEVELOPMENT COMPANY, OF PURCELL, IND. T. 

[Incorporated August, 1903. L. C. Wantland, president: W. T. James, vice-president: J. F. Sharp 
secretary; T. C. Wood, treasurer.] 

Stockholders: Shares. 

W. M. Tomlin 4 

E.- W. Murray 4 

T. C. Wood . ;: 4 

L. C. Wantland 8 

J. G. Thompson 4 

Nelson H. Brown 4 

Wm. T. James 4 

J. W. Williams 4 

J. F. Sharp 4 

W. G. Blanchard 4 

Tom Thornton 4 

KOCK ISLA.VD TRUST AND INVESTMENT COMPANY, OF JIUSKOGEE, IND. T. 

[Incorporated Seiiteniber, 1902. .1. F. Darby, president: H. E. Curtis, vice-president: W. S. Fears, .sec- 
retary; tiny Bowman, treasurer.] 

Stockholders: Shares. 

J. F. Darbv 200 

H. C. Curtis 1 

Guy Bowman 200 

W. S. Fears 199 



MEMOEIAL OF THE DELAWAKE INDIANS. 95 

THE TRIBAL BANK AND TRUST COMPANY, OF CADDO, IND. T. 

[Incorporated November, 1902. H. M. Dunlap, president: LeRoy Long, vice-president; A. B. Ruther- 
ford, secretary and treasurer.] 

Stockholders: shares. 

LeRoy Long 20 

C. A. Hancock 80 

W. H. Ainsworth 20 

W. H. Attaway 20 

A. 0. Pace . . . .' 10 

Barlow Roberts 40 

H. M. Dunlap 210 

TRIBAL DEVELOPMENT COMPANY, OF TISHOMINGO, IND. T. 

[Incorporated April, 1903. P. S. Moseley, president: P. L. Soper, vice-president; G. W. Burris, secre- 
tary; Guy P. Cobb, treasurer.] 

Stockholders: Shares. 

Guy P. Cobb 240 

C. L. Williams 40 

Jesse L. Jordan 80 

W. C. Gunn 135 

W.C.Perry 135 

P. L. Soper 130 

G. W. Burris .• 20 

B. H. Colbert 60 

Kerby Purdom 60 

R. M. Harris 60 

W. F. Bourland 20 

E. B. Henshaw 20 

P. S. Mo.selev 20 

W. T. Ward' 180 

TISHOMINGO LOAN AND TRUST COMPANY, OF TISHOMINGO, IND. T. 

[Incorporated June, 1903. P. T. Foley, president: W. E, Stanley and P. S. Moseley, vice-presidents: 
John A. Orendoifff, secretary; James J. Downey, treasurer.] 

Stockholders: Shares. 

P. F. Foley 200 

W. E. Stanley 200 

P. S. Moseley 200 

E. Jewett 200 

A. B. Dunlap 200 

W. M. Lucas 200 

J. J. Downev 80 

J. A. Orendorff 80 

UNION INVESTMENT COMPANY OF SOUTH m'aLESTER, IND. T. 

[Incorporated October, 1903. Richard Henley, president; W. W. Tooker, vice-president; S. A. Hawk, 

secretary and treasurer.] 

Stockholders: Shares. 

Richard Henlev 100 

W. W. Tooker' 100 

S. A. Hawk 100 

A. E. Becker 200 

WEWOKA REALTY AND TRUST COiMPANY, OF WEWOKA, IND. T. 

[Incorporated June, 1901. A. J. Brown, president; J. F. Brown, vice-president: C. L. Long, secretary 

and treasurer.] 

Stockholders: Shares. 

A. J. Brown 450 

J. F. Brown 748 

C. L. Long 2 



96 MEMOEIAL OF THE DELAWAEE INDIANS. 

THE WESTERN INVESTMENT COMPANY, OP WAGONER, IND. T. 

[Incorporated July, 1901. B. L. Naylor, president: F. M. Davis, vice-president; W. G. Uibbons, sec 
retary; J. W. Wallace, treasurer.] 

Stockholders: shares. 

B. L. Navlor 520 

F. M. Davis 320 

W.C.Edwards 80 

J. W. Wallace 60 

W. G. Gibbons 20 

December 3, 1903. 

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